Minutes TC 07/02/2001MINUTES OF WORKSHOP AND
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
JULY 2, 2001
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas met in Workshop and Regular Session on Monday, July 2,
2001. The meeting was held within the boundaries of the Town and was open to the public.
WORKSHOP SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Susan Edstrom
Mayor Pro Tem
Bill Matthai
Council Member
Scott Spence
Council Member
Roger Williams
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Barry Huizenga
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Paul Rosenberger
Jim Moss
Margi Cantrell
Bob Downey
Council Member
Town Manager
Town Secretary
Assistant to Town/MUD Managers
Utility Franchise Committee Member
Utility Franchise Committee Member
Utility Franchise Committee Member
CALL TO ORDER AND ANNOUNCE A QUORUM
Mayor Smith called the workshop to order at 7:03 p.m., noting a quorum was present.
TOWN COUNCIL TO HEAR A PRESENTATION IN REGARD TO AN ORDINANCE GRANTING A
NON-EXCLUSIVE CABLE SERVICES AGREEMENT WITH CHARTER COMMUNICATIONS.
Margie Cantrell thanked all members. The current cable franchise agreement ends May 2002. The new cable
franchise agreement was originally eighteen pages and has expanded to sixty-seven pages. August 1, 2001 is the
completion target date. The agreement is fashioned after Ft. Worth and Duncanville's agreements and the survey
results from Trophy Club residents.
Jim Moss gave the agreement's specifics. The agreement will have to have a cable service administrator, the
document contains a strong customer service agreement. Mr. Moss suggested Paul Rosenberger, Roger Williams,
Patricia Adams and two committee members to be the negotiators for this agreement. The document requires more
reports from Charter Communications for statistical purposes. Also included, is a section for penalties and cable
outages to give automatic refunds to customers.
The new agreement also asks for a cash allowance of $2000, paid upfront each year, giving the Town money to
upgrade our hardware for the Channel 7 service for the residents. Mr. Moss asked for the Council's approval to
send this agreement, along with Patricia Adams' comments, to Charter Communications.
The consensus of the Council was in agreement with Mr. Moss' request.
ADJOURN WORKSHOP
Workshop adjourned at 7:27 p.m.
Page 2 REGULAR SESSION
REGULAR SESSION
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Scott Smith
Mayor
Susan Edstrom
Mayor Pro Tern
Bill Matthai
Council Member
Scott Spence
Council Member
Roger Williams
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Barry Huizenga
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Bill LeGrand
Paul Rosenberger
Patricia Adams
Council Member
Town Manager
Town Secretary
Director of Public Works
Asst. to Town/MUD Managers
Town Attorney
July 2, 2001
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Meeting to order at 7:39 p.m., noting a quorum was present.
INVOCATION: Mr. John Carter gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Paul Rosenberger led the
pledges.
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 PRESEN'T'ATIONS 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.
There were no presentations.
REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION A
• Previous meeting discussion and action
Mr. Neil Twomey conveyed two requests for funding have been received and approved: 1) the Committee has
committed $3,000 to the July 4" Celebration's activities and 2) the Soccer Association will be building an under age
six soccer field and EDC A has pledged up to $18,800. Sales tax collection has been $9,000 to $10,000 a month,
approximately $100,000 will be collected by September 30, 2001.
B. INFORMATION TECHNOLOGY COMMITTEE
• Previous meeting discussion and action
Mr. Adam Gerety shared that the Committee is looking forward to launching the new website. New intern
Cornelius Smith is working on the new website. The Committee will be looking at broadband options at their next
meeting on July 23`d.
C. PUBLIC RELATIONS COMMITTEE
• Previous meeting discussion and action
Ms. Jodi Ashby gave an overview of the July 0' Celebration's activities and July 40' Committee co — chairs, Carol
Brown and Margee Best Rogers were in attendance.
Page 3 REGULAR SESSION July 2, 2001
D. UTILITY FRANCHISE COMMITTEE
• Previous meeting discussion and action
Mr. Jim Moss gave best wishes to Dick Hobday in his endeavors with the CIA and listed the Committee's current
projects — cable franchise agreement and electrical deregulation.
E. WAYS AND MEANS COMMITTEE
• Previous meeting discussion and action
Pete Reinke announced that the Committee will proceed with the administration budget and that he will be
attending future budget workshops.
STAFF REPORTS AND COMMENTS
• DIRECTOR OF PUBLIC SAFETY — DAVID MILLER
o Project Report
Council Member Spence explained the complications of the DPS contract causing additional workload for the staff
and that the DPS Board is looking at the budget with Westlake included and not included.
• DIRECTOR OF PUBLIC WORKS —BILL LEGRAND
o Project Report
Bill LeGrand shared that the awarding of the bid for paving and drainage improvements for Trophy Club Drive and
Marshall Creek was pulled from the agenda. There were five legitimate bidders for the improvements and will be
on the July 16L' Agenda. The preliminary steps for improvements to Summit Cove have begun.
ASSISTANT TO TOWNIMUD MANAGERS - PAUL ROSENBERGER
o McCombs Fields
o Harmony Park
o Lakeview Soccer Fields
0 10 Acre Park
Paul Rosenberger updated the Council on the progress of partnering with NISD on the 10 Acre Park and
maintenance at McCombs Fields, Harmony Park and Lakeview Soccer Fields.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RECOMMENDATION FROM WAYS & MEANS COMMITTEE RELATING TO REVIEW OF BUDGETS
ON A CONTINUING BASIS.
Mr. Neal Twomey asked that the Council direct the committees to oversee their areas of the budget; the committees
are the best to oversee their own areas.
Council Member Williams asked that Jim Buxton provide committee chairs with an explanation of variances.
Mr. Pete Reinke has recommended that each of the Committees report to the Council on a regular basis:
Committee
2000-2001 Budget
Committee Chair
Frequency
Department of Public Safety
$2,295,014
Don Redding
Bimonthly
Parks and Recreation
$569,950
Billy Hughes
Quarterly
Planning and Zoning
$50,412
Gene Hill
Quarterly
Public Relations
$6,800
Jodi Ashby
Semiannually
Public Works
$1,255,418
Nestor Karlis
Quarterly
Administration
$1,359,530
David Neal
Quarterly
The consensus of the Council was to approve the recommendation from the Ways and Means Committee.
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, REPEALING ORDINANCE NO. 0.88-21, ADOPTING AN EXEMPTION FROM THE TOWN'S
EXEMPTION TO 530,000.00; ESTABLISHING AN EFFECTIVE TAX YEAR DATE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING
Page 4 REGULAR SESSION July 2, 2001
SAVINGS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
Pauline Twomev of 203 Oakmont Drive and Pete Reincke of 3 Colonial Court addressed the Council
Mayor Smith asked that the Council take a hard look at this; it has not been reviewed in thirteen years. Seniors are
on a fixed income. There are 194 people to be affected by this. The total discount is $30,000, the total impact
would be $4,467, $23 impact on the average "over 65" household. Mayor Smith stated that he did not make a
promise to Council Member Huizenga, regarding this agenda item not being placed on this agenda.
Council Member Williams is in agreement with Mayor Smith, the impact would be light.
Council Member Madhai was surprised to see this now, this is an unusual time to have this. Everyone in town is
having increases, property values went up and school bonds were passed this year. Council Member Huizenga
asked on June 180' not to have any agenda items regarding the budget on this agenda. Council Member Matthai
asked that the Council have a public hearing on this issue. Council Member Matthai also asked Pete Reincke if the
Ways and Means Committee had been consulted about this exemption. Mr. Reincke replied that the Ways and
Means Committee had not been consulted.
Patricia Adams stated that any type of tax exemption is handled in a public hearing, but it is not required.
Mayor Pro Tem Edstrom stated that if advertising in the Town's paper is worth a public hearing, then surely it is just
as important to have anything to do with taxation and a tax exemption in our community handled in a format of a
public hearing. She believes that this is the correct and responsible method for addressing changes in tax policy in
our community. She has researched and found out that there are 206 homes, the average price of homes is
$184,000, and they go from $750,000 down. A question Mayor Pro Tem Edstrom raised was: given that average
and the range of values of homes in this community, is this the responsible taxation policy or would a better policy
be to look at die overage in the budget and see if it would be possible to enact a tax rate decrease where we would
benefit 100% of the residents versus 3%? In doing so, we would also position ourselves with a better strategic
standpoint against communifics around us from a tax rate standpoint. Seniors currently have a $55,000 exemption
from Denton County, $25,000 exemption from Trophy Club and School District Taxes are frozen, so an argument
could be made that the financial distress could be more rightly placed on residents under 65 versus over 65, given
the increase in the school budget that is forthcoming.
Mayor Pro Tern Edstrom asked if there is a time restraint that this has to be passed by, is there a reason that this has
to be done today? Patricia Adams answered that there is no time limit; the Council just needs to set which tax year
this will take effect.
Mayor Pro Tem Edstrom suggested that instead of having the Council pass this and then see how it would affect the
budget, look at this during the budget workshops to see how it affects the budget and if it would be better to do a tax
rate decrease and benefit 100% of the residents as pari of the budget process. Look at it in a format of a public
hearing, if it is important enough to shift the burden of taxes to a larger percentage of residents than it benefits and is
this the right thing to do. Mayor Pro Tem Edstrom would like to see if there is a formula or a means that the Ways
and Means Committee could come up with to see if there is a way to project this for the future that we could
understand what the impact would be.
Council Member Spence shared that he did not understand why this is such a big deal. Seniors are good citizens we
should not drive them off. If seniors have left recently because of increased costs then the additional $23 is what is
right for the seniors on fixed incomes.
Mayor Pro Tem Edstrom added that lets NOT pass this without study, when we may be able to benefit all the
residents, not just the seniors. Mayor Pro Tem Edstrom does not what to give improprieties and asked to table to
July 16'x'.
Mayor Smith stated that he is surprised at the opposition. We are talking about $4,467 or less than $6,000 with
adjustments.
Pauline Twomey of 203 Oakmont Drive and Pete Reinke of 3 Colonial Court addressed the Council with additional
comments.
Page 5 REGULAR SESSION July 2, 2001
Mayor Pro Tem Edstrom made a motion to table this agenda item to September 4, 2001 and include this in the
Budget Workshop and Public Hearing. Council Member Matthai seconded; motion carried 3-1-0 with Mayor Pro
Tem Edstrom, Council Members Matthai and Spence voting for and Council Member Williams voting against.
TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS REPEALING ORDINANCE NO. 2001-12, ADOPTING A TOWN COUNCIL PROCEDURES
POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; ESTABLISHING AND ADOPTING NEW
PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Patricia Adams explained the changes under Section 2.2 Quorum, three Council Members is a quorum and two
Council Members and the Mayor is NOT a quorum. Changes were also made to Sections 4.4 Points of Order and
8.1 Simplify Procedures.
Mayor Pro Tem Edstrom made a motion to adopt the new Ordinance as written. Council Member Matthai
seconded; motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, REPEALING ORDINANCE NO. 2000-02, ADOPTING A SCHEDULE OF FEES FOR THE
TOWN IN ITS ENTIRETY; ADOPTING A NEW SCHEDULE OF FEES BY INCORPORATION OF
EXHIBIT "A" TO INCLUDE FEES FOR BUILDING PERMITS, REVIEW OF PLANS, CERTIFICATES
OF OCCUPANCY, REINSERTION, ELECTRICAL AND MECHANICAL FEES, PERMIT ISSUANCE
AND HEATERS, AND OTHER PUBLIC WORKS DEPARTMENT FEES, PLANNING AND ZONING
FEES, ZONING BOARD OF ADJUSTMENT FEES, FIRE/EMS FEES, ANIMAL CONTROL FEES, FIRE
PLAN REVIEW FEES, FIRE DIVISION FEES, POLICE DEPARTMENT FEES, ADMINISTRATIVE
FEES TO INCLUDE FEES FOR PAPER, ELECTRONIC, AUDIO, VIDEO, MYLAR AND BLUEPRINT
REPRODUCTION, PROVIDING RELATED GUIDELINES; PROVIDING A PURPOSE; PROVIDING
FOR APPLICATION; PROVIDING FOR AMENDMENT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PUBLICATION CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Diane Cockrell gave an overview of the changes. Bill LeGrand added that reduced zoning fees are for
competitiveness and the fees are broken down.
Council Member Williams made a motion to adopt the Ordinance as written. Mayor Pro Tem Edstrom seconded;
motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, APPOINTING CITIZENS TO FOUR (4) SEATS ON THE
PLANNING AND ZONING COMMISSION, TWO (2) SEATS ON THE ZONING BOARD OF
ADJUSTMENT. TWELVE (12) SEATS ON THE PUBLIC RELATIONS COMMITTEE, THREE (3)
SEATS ON THE PARKS AND RECREATION COMMITTEE; DESIGNATING TERMS OF SERVICE
FOR EACH; AND PROVIDING AN EFFECTIVE DATE
Council Member Williams made a motion to adopt the Resolution, striking one name from the Resolution and that
name being David Neal.
The Council convened into Executive Session at 9:27 p.m.
The Council reconvened into Regular Session at 9:45 p.m.
Page 6 REGULAR SESSION July 2, 2001
Council Member Williams withdrew his motion.
Council Member Williams made a motion to adopt the Resolution as written with the addition of appointing John
Douthitt to the Parks and Recreation Committee. Council Member Spence seconded, motion carried unanimously.
TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN DENTON COUNTY TEXAS AND THE TOWN OF
TROPHY CLUB, TEXAS, FOR THE PURPOSE OF TAX COLLECTION; AND PROVIDING AN
EFFECTIVE DATE
Donna Welsh presented this agenda item and stated that the Town has had a continuous collection rate of 99% or
higher.
Mayor Pro Tem Edstrom made a motion to adopt the Resolution as written. Council Member Mattliai seconded.
Mayor Pro Tem Edstrom revised her motion to add James L. Buxton to Section 4. Council Member Matthai
seconded; both motions carried unanimously.
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TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPOINTMENT OF JIM MOSS AS THE UTILITY FRANCHISE COMMITTEE CHAIRPERSON.
Council Member Williams made a motion to appoint Jim Moss as the Utility Franchise Committee Chairperson.
Council Member Matthai seconded; motion carried unanimously.
CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM 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.
A. REGULAR SESSION MINUTES DATED JUNE 18, 2001
B. FINANCIALS DATED MAY 1, 2001
Mayor Pro Tem Edstrom made a motion to accept both agenda items as written. Council Member Williams
seconded; motion carried unanimously.
COUNCIL REPORTS AND COMMENTS
• COUNCIL MEMBER MATTHAI
o Council Communication Booth
o Council Quorum concerns at committee meetings
o Committee qualifications in handbook
o NISD cooperation with park project
Council Member Matthai announced that thirty-four residents shared issues of concern at the communication booth.
There were four resident concerns that were written up and forwarded to staff.
• MAYOR PRO TEM EDSTROM
0 4th of July
o TXDot speed limit on 114 near NW High School
Mayor Pro Tem asked for support for the speed limit on State Highway 114 near the Northwest High School that
will be on the July 10' Agenda.
Beverly Foley of 221 Oak Hill Drive addressed the Council.
Page 7 REGULAR SESSION July 2, 2001
• COUNCIL MEMBER SPENCE
o DPS Board Meeting
Council Member Spence shared that the next DPS Board meeting is scheduled for Monday, July 23, 2001.
Mayor Smith welcomed all the new committee members.
ADJOURN
Mayor Pro Tem Edstrom made a motion to adjo
carried unanimously.
ATTEST:
Town Secretary, vn of Trophy elub, Texas
motion