Minutes TC 02/04/2002MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
FEBRUARY 4, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February
4, 2002. The meeting was held within the boundaries of the Town and was open to the public.
REGULAR SESSION
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Mayor
Susan Edstrom
Mayor Pro Tem
Bill Matthai
Council Member
Barry Huizenga
Council Member
Scott Spence
Council Member
Roger Williams
Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Town Manager
Diane Cockrell
Town Secretary
Roger Unger
Finance Director
Paul Rosenberger
Community Development Manager
Patricia Adams
Town Attorney
Gene Hill
P&Z Chairman
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:33 p.m., noting a quorum was present.
INVOCATION: Council Member Huizenga gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Mr. Ben Brewster 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 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.
Ms. Pearl O. Ford of 2 Spring Creek Court and Mr. Brad Glasco of 15 Creekside addressed the
Council.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
Page 2 REGULAR SESSION February 4, 2002
APPOINTING A CITIZEN TO ONE (1) SEAT ON THE PUBLIC RELATIONS COMMITTEE
FOR A ONE (1) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE.
A. WANDA BREWSTER
Barb Tweedie requested and highly recommended Wanda Brewster to serve on the Public Relations
Committee.
Mayor Pro Tem Edstrom made a motion to approve the resolution appointing Wanda Brewster to a
one-year term on the Public Relations Committee. Council Member Matthai seconded; motion carried
unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AWARD/REJECTION OF BIDS FOR THE FIRST PHASE OF CONSTRUCTION OF THE
10 -ACRE PARK.
Neil Twomey gave a presentation, stating that the low bid for the first phase of construction to the 10
acre park was $897,000; approximately $200,000 less than the engineer's estimate to Parks and
Recreation. The Town's cost for the 10 -acre park is estimated at $111,000; EDC -A is putting up
$175,000; MUD is putting up $25,000; EDC -B is pledging $20,000; $373,639 — portion of $500,000
grant; a cash deposit of $137,000; and a contribution from Jeff Beck of $55,000. All these sums
totaled together amounts near that of the low bid.
Mr. Darren Klauser of 15 Winstead Court, Mr. Billy Hughes of 216 Inverness, Ms. Pauline Twomey
of 203 Oakmont, and Ms. Barb Tweedie of 220 Oakmont addressed the Council.
Paul Rosenberger explained that In Form Construction's bid of $897,250.50 was the lowest of the
three bids received.
Tom Hoover addressed the Council and answered their questions
Council Member Matthai made a motion to accept In Form Construction's bid, not to exceed, of
$897,227.50, for the first phase of construction of the 10 -acre park. Mayor Pro Tem Edstrom
seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
REQUEST TO APPROVE THE EXPENDITURE OF $1,400 FROM THE COURT
TECHNOLOGY FUND TO PAY FOR CREDIT�DEBIT CARD PAYMENT ACCEPTANCE
EQUIPMENT.
Barbara Allen requested approval to purchase credit/debit card equipment in the amount of $1,400,
from the Court Technology Fund. This equipment will enable the Court to accept credit/debit
payments for citations and warrants.
The Court Technology Fund was established by Ordinance by Council two years ago. From every
fine or fee that is collected, per violation, $4.00 is put into the Court Technology Fund.
The cost per credit card transaction is 1.49% plus twenty-five cents, which equals to about $1.14 a
fine. The cost for a debit card transaction is thirty-eight cents.
Council Member Huizenga made a motion to approve the purchase of credit/debit card payment
acceptance equipment from the Court Technology Fund. Council Member Matthai seconded; motion
carried unanimously.
Page 3 REGULAR SESSION February 4, 2002
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 JANUARY 21.2002.
B. FINANCIALS DATED NOVEMBER 2001.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB,
TEXAS, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO CONDUCT A JOINT ELECTION
TO BE HELD ON MAY 4, 2002.
D. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING 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, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO 1 AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD ON MAY 4,
2002, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR
TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING THREE
(3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING TWO (2) DIRECTORS TO
THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 FOR FOUR (4) YEAR
TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN;
APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE 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 CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Diane Cockrell requested to have Item C (Joint Elect Agreement) and Item D (Ordinance Ordering and
Calling a Joint Election) pulled from the Consent Agenda.
Roger Unger requested to have Item B, the November Financials, pulled from the Consent Agenda.
Mayor Pro Tem Edstrom made a motion to approve Item A; the regular session minutes dated January
21, 2002. Council Member Huizenga seconded; motion carried unanimously.
Roger Unger explained the distribution of financials.
Council Member Williams made a motion to approve the November financials. Mayor Pro Tem
Edstrom seconded; motion carried unanimously.
Town Attorney Adams explained the minor editorial changes made to the Joint Election Agreement
and to the Ordinance Ordering and Calling a Joint Election, providing revised copies for signature.
Mayor Pro Tem Edstrom made a motion to approve the Joint Election Agreement and the Ordinance
Ordering and Calling a Joint Election with changes as noted by Counsel. Council Member Huizenga
seconded; motion carried unanimously.
Page 4 REGULAR SESSION February 4, 2002
COUNCIL AND STAFF REPORTS:
• ROGER WILLIAMS
Council Member Williams gave a report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION.
Council convened into Executive Session at 8:22 p.m.
EXECUTIVE SESSION
PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551,
SECTION 551.071(2), THE TOWN COUNCIL WILL ENTER INTO EXECUTIVE
SESSION TO DISCUSS THE FOLLOWING:
A. CONSULTATION WITH 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 TROPHY CLUB/
WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT.
THE DISTRICT MAY ADMIT TO THE CLOSED MEETING
VARIOUS DIRECTORS AND REPRESENTATIVES OF THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1 (MUDI),
ALONG WITH ITS ATTORNEY, AND VARIOUS DIRECTORS AND
REPRESENTATIVES OF THE TROPHY CLUB MUNICIPAL
UTILITY DISTRICT 2 (MUD2), ALONG WITH ITS ATTORNEY,
SINCE THE INTERESTS OF MUD 1 AND MUD 2 APPEAR TO BE
ALIGNED WITH THE INTERESTS OF TROPHY CLUB ON THIS
MATTER AND THE PRESENCE OF THOSE PERSONS IS
NECESSARY FOR FULL COMMUNICATION BETWEEN THE
TOWN AND ITS ATTORNEY, AS ALLOWED BY TEXAS
ATTORNEY GENERAL OPINION NO. JM -238. THE TOWN OF
TROPHY CLUB WILL NOT ADMIT A QUORUM OF EITHER MUDI
OR MUD2 TO THE CLOSED SESSION.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION.
Council reconvened into Regular Session at 10:13 p.m.
REGULAR SESSION
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
• THE TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT.
Council Member Huizenga made a motion, (based on a proposal returned to Trophy Club by Mayor
Bradley) that our staff and/or Ben Brewster, Chairman of the DPS Board, present our counter proposal
and our answers to that proposal. Mayor Pro Tem Edstrom seconded; motion carried unanimously.
ADJOURN.
Mayor Pro Tem Edstrom made a motion to adjourn at 10:15 p.m. Council Member Williams
seconded; motion carried unanimously.
Page 5
ATTEST:
REGULAR SESSION _ February 4, 2002
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Mayor, Towu, f Yrophy Club, Texas
Town Secretary, 'own of Trophy Club, Texas