Minutes TC 01/04/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, January 4, 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,
January 4, 2010. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Mayor Connie White
Glenn Strother
Susan Edstrom
Philip Sterling
Kathleen Wilson
Bill Rose
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Kathy DuBose Finance Director
Carolyn Huggins Planning and Zoning Manager
Mayor White announced the date of January 4, 2010, called to order and announced a
quorum at 7:02 p.m.
Invocation offered by Council member Sterling.
Pledges led by Council member Rose.
PRESENTATION
1. 09-544-T Presentation from Allied Waste regarding upcoming Contract renewal, and
discussion of the same.
Jeri Harwell, Business Development Manager for Municipal Services with Allied Waste gave a
brief presentation. Ms. Harwell introduced General Manager, Tim Powel, and Recycle Bank's
Manager Judy Kennedy.
Ms. Kennedy stated that the Town has only a 10% conversion rate on recycling. Kennedy gave a
brief presentation regarding the recycle bank program explaining how it would be tailored to
'Trophy Club. Kennedy explained that as people start earning rewards, their utilization will
increase, the bin will overflow and therefore make the cart necessary.
Town Council Minutes dated January 4, 2010 1
Ms. Harwell provided the following proposed rates for the upcoming Contract renewal:
Proposed Rate -Current Level of Service
Trash (2 times per week) $11.37 and Recycle (1 time per week with the current blue recycle bins)
$2.37, total per month $13.73
Proposed Rate -With Recycle Bank
Trash (2 times per week) $11.15 and Recycle (every other week with the 95 gallon carts) $4.46,
total per month $15.61
Town Managers Emmons said the carts are equipped with a radio frequency to monitor the
community based program. Rewards are not given on individual household participation but
rather on the participation of the entire community and allocated across all participants. The
current Solid Waste franchise fee is 8%. Town Manager Emmons agreed to reduce this to 6% to
minimize the impact, of rate increases to customers.
Mayor White supports the recycling carts yet is concerned about the once every other week
pickup.
Council member Sterling likes Recycle Bank because of the incentives and is interested in seeing
more examples of the incentives. Sterling shared Mayor White's concern with the every other
week recycle pick up. Ms. Kennedy said that there are over 2,200 rewards programs; Kraft,
Kimberly Clark (diapers), gift cards for grocery products, Coke products, Minute Maid juices, CVS
and Target. Ms. Kennedy stated that Recycle Bank will seek out the local businesses to
participate in the rewards program.
Council member Wilson confirmed that the schools are applicable beneficiaries for the donation
program.
Council member Edstrom verified that there is no cost associated to the retailer for their
partiCipation in the reward program. Edstrom, not a fan of the 96 gallon carts, asked if the Town
can participate with a smaller bin.
Ms. Harwell when considering the diversion rate of 10%, the bins are not working. Approximately
only 300 of 2,200 households responded to the survey and 86% are in favor of the bin. Harwell
said that smaller carts could be offered.
Council member Wilson is not a proponent of raising taxes, however this one is more fluid.
Wilson likes this idea and feels this is an easy sell.
Council member Rose likes the concept.
The Council asked Allied to bring back three different options
1. Current level of service
2. 64 gallon recycle bin -picking up every week
3. 95 gallon recycle bin -picking up every other week
Town Manager stated he would like to have all addendum ready for Council's consideration at the
next meeting as it takes 90 days to roll out for the new billing cycle which starts in May.
CITIZEN PRESENTATIONS
No citizens addressed the Council.
CONSENT AGENDA
Town Council Minutes dated January 4, 2010 2
2. 09-4S0-T Consider and take appropriate action regarding the Minutes dated November
18 and 22, 2009. (Council Retreat)
3. 09-542-T Consider and take appropriate action regarding the Minutes dated December
7,2009.
4. 09-543-T Consider and take appropriate action authorizing the expenditure from
GAS8/34 for a replacement printer and server and authorizing Town Manager Emmons
or his designee to execute necessary documents.
Motion made by Edstrom seconded by Rose to approve the Consent Agenda, Items 2 -4.
Motion passed unanimously without any discussion.
Public Hearing opened at 8:45 p.m.
PU8L1C HEARING
5. 09-50S-T Public Hearing to Consider an Amendment to PO-Planned Development
District No. 27, Known as The Highlands at Trophy Club, Ordinance No. 2007-15 P&Z
by amending Exhibit "8" -Development Standards, Section V. Neighborhood
Regulations, Subsection "J" Vii/age Center, Item 1. Permitted Uses. Applicant:
Centurion Acquisitions, L.P. (PO AMD-09-030)
No citizens addressed the Council.
Public Hearing closed at 8:45 p.m.
REGULAR SESSION
S. 09-507-T Consider and take appropriate action regarding a request from Centurion
Acquisitions, L.P. to amend Planned Development No. 27, Ordinance No. 2007-15 P&Z,
Exhibit 8 "Development Standards", Section V "Neighborhood Regulations",
Subsection J "Vii/age Center", Item 1 "Permitted Uses". (PD-AMD-09-030)
David Keener, representing Centurion was present.
Planning and Zoning Chairman, Gene Hill stated that on December 3, 2009 the Planning and
Zoning Commission conducted a Public Hearing and Regular Session to consider the
amendment to PD-27 that is before Council tonight. The proposed amendment requested by
Centurion Development would allow restaurants on Village Center Tracts 1 & 2 to have drive-
through facilities. An amendment to Planned Development ordinances requires Town Council
consideration for approval of the request.
Staff recommends approval of this request as development of commercial property in Trophy
Club is needed to increase sales tax revenue and a perm·ltted use of "drive-in/through
restaurants" for these two tracts will help the applicant market the tracts.
The applicant's request to add drive-in/through restaurant uses to Village Center should not
cause detrimental impact to the traffic conditions along Bobcat Blvd. and Trophy Club Drive since
these roads have already been improved to handle retail uses in Village Center. Staff review has
determined that there is adequate room for an in/out driveway along Parkview and at least right-
in/right-out driveways along Bobcat; however, actual access determination cannot be made until
formal site plan review.
Town Council Minutes dated January 4,2010 3
Council member Sterling questioned the Planning and Zoning opposition. Chairman Hill said that
the opposition went beyond zoning and was not germane to the zoning.
Motion made by Edstrom, seconded by Wilson to approve a request from Centurion Acquisitions,
L.P. to amend Planned Development No. 27, Ordinance No. 2007-15 P&Z, Exhibit B
"Development Standards", Section V "Neighborhood Regulations", Subsection J "Village Center",
Item 1 "Permitted Uses". (PD-AMD-09-030)
Council member Rose questioned how this request would change the PID. Town Attorney
Adams and Town Manager Emmons responded that this request need not be confused with the
PID and the Planned Development document. Town Attorney Adams advised the Town Council
that this item was posted for discussion on permitted uses.
Mayor Pro Tem Strother confirmed that the Council can still modify the PID if Council desires.
Town Manager Emmons clarified that the request is for a Special Uses Permit (SUP) on only
drive through restaurants.
Town Attorney Adams said that Council needs to be comfortable with the site plan. Planning and
Zoning Manager Carolyn Huggins stated that the current site plan requirements are restrictive
and will address some of Council's concerns.
The Council asked for architectural guidelines specifically for restaurants.
Motion made by Edstrom, seconded by Strother to table this item until a date certain, first meeting
in February.
Motion passed unanimously without further discussion.
7. 09-462-T Consider and take appropriate action regarding the potential addition of
alternative options to Chapter 3 of the Code of Ordinances entitled "Buildings and
Construction" of Article XV, entitled "Swimming Pools" to amend section 15.04 (i)
"Draining of Swimming Pools" relative to Diatomaceous Earth.
Town Manager Emmons provided that in August 2008 the Town Council amended the Town's
swimming pool drainage ordinance to better protect the waters into which these pools ultimately
drain. Previously, the requirements of the ordinance were only applicable to pools built after June
1, 2005. The amendment made the backwash and drainage requirements applicable to all pools
starting on June 15, 2010.
In order to comply with the new requirements, some pool owners may need to re-route their
drain/discharge lines into the sanitary sewer. In some cases, compliance can be achieved by
simply draining/discharging into flower beds or a portion of the lawn. And in other instances, a
modification of the filtration unit may be required to eliminate the discharge of Diatomaceous
Earth (DE) from the filters. There are several new inexpensive measures that can be taken to
achieve compliance with the new rules. These are just a few of the many options available to
pool owners and Staff wants to offer their assistance in helping residents make the best decision
for their pool.
Staff included an article in the January Newsletter reminding the residents about the amendment
made in August regarding the backwash and drainage requirements applicable to all pools
starting on June 15, 2010.
The Council discussed the inconsistency of the perrnit application included as part of Article XV of
the Code of Ordinances.
Town Council Minutes dated January 4, 2010 4
Motion made by Strother, seconded by Edstrom to amend certain sections of the Compliance
Permit.
Town Manager Emmons and Town Attorney Adams requested that Staff bring back the revisions
at a subsequent meeting.
The mover withdrew his motion and the second agreed.
8. 09-537-T Consider and take appropriate action regarding financial and variance report
dated: a. November
The November 2009 monthly financial report is presented in a format that provides the
comparison of monthly and year to date actual amounts to the current fiscal year budget. The
accompanying variance report provides an explanation of actual fiscal year to date revenues and
departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed.
Management recommends approval.
Motion made by Edstrom, seconded by Wilson to approve the financial and variance report dated
November.
Motion passed unanimously without any discussion.
Mayor White moved up Item 15. 09-540-T Receive a progress report from Council Member
Wilson regarding the December 15, 2009 TCMUD1 Meeting; discussion of same.
15. 09-540-T Receive a progress report from Council Member Wilson regarding the
December 15, 2009 TCMUD1 Meeting; discussion of same.
Council Member Wilson reported on the following from the December 15, 2009 TCMUD1
Meeting.
1. MUD Board discussion regarding a joint workshop with Council.
2. SEMO discussion regarding joint employees. Direct request to Council for
discussionlcommitment regarding surplus employee issue resolution.
3. Discussion of ethics complaint.
Mayor White said that TCMUD1 is moving forward with the proposal to separate the employees.
White stated the importance of both the Council and TCMUD1 working together in order to
understand the impact and implications.
9. 09-545-T Consider and take appropriate action regarding setting a date to hold a Joint
Session with Trophy Club MUD 1.
Mayor White mentioned that Council also needs to consider Item #10 Council Retreat to establish
goals and objectives for FY 2010-11 when reviewing their calendars.
Mayor Pro Tem Strother suggested the Council and TCMUD1 meet off-site, away from Town Hall
in order to create a more comfortable environment.
Mayor White suggested a facilitator/mediator as well.
Council suggested 9:00 a.m. on Saturday, February 6'h with the consideration of holding the
Open Meeting off-site.
Town Council Minutes dated January 4, 2010 5
10. 09·546·T Consider and take appropriate action regarding setting a date for a Council
Retreat to establish goals and objectives for FY 2010·11.
The Town of Trophy Club Charter requires in Section 9.05 (a), that the "Town Council shall
provide to the Town Manager goals and objectives for the next fiscal period, by the end of
January of the current fiscal year."
The Town Council has previously conducted two planning sessions this fiscal year, but these
sessions did not concentrate on the goals and objectives of the Town from a budgetary
perspective. The Council will need to either be prepared to establish these goals and objectives
during the next regularly scheduled meeting, or will need to schedule a separate meeting to
establish the upcoming fiscal year's goals and objectives.
Since compliance with this section of the Charter may take a considerable amount of time,
Management recommends that the Town Council call a special meeting before the end of
January
Council discussed their schedules and agreed to the meet prior to Council's Regular Session on
January 18, 2010 at 5:00 and also hold a second session on January 21, 2010, starting at 5 P.M.
11. 09·533·T Town Manager Emmons to provide a report regarding the sound barrier
issues on the east side and conversations with TXDOT; and discussion of same.
Town Manager Emmons said that both requests to TXDOT have been denied. The Town has
submitted a third request and is currently waiting for TXDOT's response. Emmons does not
expect a response before June or July as that is the scheduled completion date for the Highway
114 changes.
No action, update and discussion only.
12. 09·535·T Town Manager Emmons to provide a report regarding the results of the
Customer Service Satisfaction Survey; and discussion of same.
In September 2009 the Town sent out a brief Customer Satisfaction Survey with the utility bills.
The Survey allowed our residents to provide valuable feedback to help improve our services.
There were 335 surveys returned of the approximately 2,800 sent out (12%).
Based on the information received from the surveys, there are several areas in which we can
improve. However, it appears that a majority of the residents are pleased with the level of service
provided by the Town. Several categories such as Public Safety and Street Maintenance had
approval ratings in high 80s. And when examining all the general categories, they all had an
approval rating of at least 72%.
Council would like to see an action plan for areas of improvement.
No action, update and discussion only.
13. 09·536·T Town Manager Emmons to provide a report regarding the finances and
administrative activities of the Town as of the end of fiscal year 08·09 as required by
subsection "f' of Town Charter Section 4.05 entitled "Powers and Duties" of Article IV
entitled "Administrative Services"; discussion of same.
Section 4.05 (f) of the Town Charter provides that the Town Manager shall be required to:
Town Council Minutes dated January 4, 2010 6
(I) Submit to the Town Council and make available to the public, by end of December, a
complete report on the finances and administrative activities of the Town as of the end of each
fiscal year, including outcomes and performance related to that fiscal year's goals and provide
Cost of Service delivery comparisons for a representative sample of North Texas towns.
This report was provided to the Council by year end and posted the Town's website. The report
was presented in three sections: Section 1, "Measurables", highlights the Town's
accomplishments during fiscal year 2008/09. Section 2, "Comparative Analysis", provides a look
at our budget using a regional perspective. And, Section 3, "Financial Data", presents various
financial reports such as the unaudited year end budget report, the year end balance sheet, and
the year end variance report.
No action, update and discussion only.
14. 09-541-T Items for future Agendas.
No items added.
16. 09-539-T Mayor and Council Update regarding training opportunities, educational
sessions, and regional meetings.
Mayor Pro Tem Strother provided an update regarding the 135 Coalition meeting.
Mayor White provided updates on her attendance at the following meetings and events:
Retirement reception for Bill Walker
G-610 Class
Byron Nelson High School Community Luncheon
Denton Precinct 4 Meeting
ADJOURN
Motion to adjourn made by Sterling, seconded by Rose. Meeting Adjourned at 11.20 p.m.
~(J JJ(2l?d
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
Town Council Minutes dated January 4,2010
06nnie White, Mayor
Town of Trophy Club, Texas
7