Minutes TC 01/21/2002MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
JANUARY 21, 2002
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January
21, 2002. The meeting was held within the boundaries of the Town and was open to the public.
REGULAR SESSION
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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
Diane Cockrell
Roger Unger
Bill LeGrand
Patricia Adams
Gene Hill
Jay Volk
Town Manager
Town Secretary
Finance Director
Director of Public Works
Town Attorney
P&Z Chairman
Teague, Nell & Perkins
CALL TO ORDER AND ANNOUNCE A QUORUM:
Mayor Smith called the Regular Session to order at 7:34 p.m., noting a quorum was present.
INVOCATION: Ms. Barb Tweedie gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Mr. Jim Hicks 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.
Mr. Jim Dykes of 107 Carnoustie Drive addressed the Council.
Mr. James Hicks gave a report for EDC -B, advising that the EDC -B website is finalized and has been
submitted to Beth Ann Gregory for incorporation into the Town website. The EDC -B Strategy and
Plan has been reviewed and corrected, with the final review at their next meeting. The annual report,
Page 2 REGULAR SESSION January 21, 2002
detailing how EDC -B funds are spent, will be prepared by Roger Unger and staff, for submittal to
Texas Works by February 1.
REPORTS FROM COMMITTEES: (FIVE-MINUTE TIME LIMIT)
A. ECONOMIC DEVELOPMENT CORPORATION A
• Previous meeting and discussion
No report.
B. INFORMATION TECHNOLOGY COMMITTEE
• Previous meeting and discussion
Next meeting is scheduled for January 28th, nothing to report at this time.
C. PUBLIC RELATIONS COMMITTEE
• Previous meeting and discussion
Ms. Barb Tweedie advised she would bring the Committee's recommendation for their vacancy before
the Council on February 4". The 2002 Calendar of Events is in place, as well as committee members
for each of the events. Committee agreed to continue the advertising of the Town in Next Stop
magazine.
Mayor Pro Tem Edstrom added that this year to promote attendance and awareness, the 2002 Calendar
of Events would be included in Around the Town.
Ms. Barb Tweedie stated the Town offices would be part of a community - Trophy Club, Westlake,
and Roanoke - map. All of the video equipment required to tape council meetings has been purchased
from Radio Shack at a tremendous savings.
D. UTILITY FRANCHISE COMMITTEE
• Previous meeting and discussion
Mr. Jim Moss advised they are still in negotiations with Charter Communications, and he plans to
have a report for Council in April.
E. WAYS AND MEANS COMMITTEE
• Previous meeting and discussion
No report at this time.
F. COUNTY TRANSPORTATION COMMITTEE
• Previous meeting and discussion
Meeting was canceled, nothing to report.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TROPHY
CLUB MUNICIPAL UTILITY DISTRICT #I AND TROPHY CLUB MUNICIPAL UTILITY
DISTRICT #2, EACH INDIVIDUALLY, TO CONDUCT A JOINT ELECTION TO BE HELD
ON MAY 4, 2002.
Diane Cockrell advised that Texas state law requires this joint election agreement.
Council Member Huizenga moved to approve the joint election agreement. Mayor Pro Tem Edstrom
seconded; motion carried unanimously.
Page 3 REGULAR SESSION January 21, 2002
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 AO.T INT GENERAL ELECTION BETWEEN THE TOWN OF
TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1, AND TROPHY
CLUB MUNICIPAL UTILITY DISTRICT #2, TO BE HELD ON MAY 1 2002, FOR THE
PURPOSE OF ELECTING THREE S�2 COUNCIL MEMBERS FOR TWO (2) YEA TERMS
EACH TO THE TOWN COUNCIL, FOR ELECTING THREE (3j DIRECTORS TO THE
MUNICIPAL UTILITY DISTRICT #1 FOR FOUR L41 YEAR TERMS EACH, AND FOR
ELECTING TWO (2) DIRECTORS TO THE MUNICIPAL UTILITY DISTRICT #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 gave a report.
Council Member Williams made a motion to approve the ordinance ordering and calling a joint
election. Council Member Matthai seconded; motion carried unanimously.
DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING AN
AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB TEXAS AND THE COUNTY
OF DENTON, TEXAS, FOR THE RENTAL OF VOTING MACHINE EQUIPMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Diane Cockrell explained the process of renting voting machine equipment from Denton County.
Council Member Matthai made a motion to approve the resolution to rent voting machine equipment
from Denton County. Mayor Pro Tem Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
AWARD/REJECTION OF BIDS RECEIVED FOR TROPHY CLUB DRIVE AND SUMMIT
COVE STREET BOND PROJECT.
Bill LeGrand addressed the Council and recommended McMahon Contracting for the Trophy Club
Drive and Summit Cove Street Bond Project.
Roger Unger advised that both MUD Boards have taken action to approve the expenditure of $138,000
for the costs of the storm drain and water improvement.
Mr. Jay Volk of Teague, Nall & Perkins made a presentation, explaining that the project is to remove
and replace (no widening). The site distance needs to be improved, and there will be some elevation
changes.
Mr. Chris Clark of 11 Palmetto Court addressed the Council.
Discussion ensued regarding burms being taken down in front of the cemetery.
Mayor Pro Tem Edstrom expressed a concern that the sidewalk plan and the pathway plan needs to be
communicated to the residents living on Trophy Club Drive.
Page 4 REGULAR SESSION January 21, 2002
Bill LeGrand advised he would write an article in Around the Town, to advise residents.
Council Member Huizenga suggested a letter be sent to the affected homeowners.
Mr. Chris Clark of 11 Palmetto Court addressed the Council.
Council Member Huizenga made a motion to approve the bid of McMahon Contracting LP in the full
base bid, not to exceed $552,508.66, and a total base bid plus alternate additives A, B, C, D and E, not
to exceed $693,372.54. Mayor Pro Tem Edstrom seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
PRESENTATION OF THE FEASIBILITY OF REFINANCING OF TOWN SERIES 1994
BONDS.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
CONSIDERATION AND AUTHORIZATION OF REFINANCING OF SERIES 1994 BONDS.
Roger Unger stated that this agenda item as well as the agenda item regarding presentation of the
feasibility of refinancing of Town Series 1994 Bonds were addressed and passed in December;
however, due to changes in the market, a decision was made to wait until now. Roger advised that the
front-end loaded savings could vary from $62,000 to $59,000, depending upon the interest rate at
finalization.
Roger Unger informed Council that there would need to be Special Meeting on January 28h, 2002, to
formally authorize the sale of the bonds.
Mayor Pro Tem Edstrom made a motion to approve the refinancing of Town Series 1994 Bonds.
Council Member Matthai seconded; motion carried unanimously.
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
REOUESTING THAT THE TEXAS DEPARTMENT OF TRANSPORTATION EXPEDITE
ITS PLAN FOR THE WIDENING OF STATE HIGHWAY 114 FROM INTERSTATE 35W TO
HIGHWAY 287; AND PROVIDING AN EFFECTIVE DATE.
Council Member Huizenga made a motion to approve the resolution requesting the Texas Department
of Transportation expedite its plan to widen Highway 114. Council Member Spence 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 JANUARY 7, 2002.
B. FINANCIALS DATED NOVEMBER 2001.
C. REGULAR SESSION MINUTES DATED DECEMBER 17.2001.
Staff requested to have the financials removed from the Consent Agenda, for consideration at the
February 4`h council meeting.
Mayor Pro Tem Edstrom made a motion to approve Item A of the Consent Agenda — Regular Session
minutes dated January 7, 2002 and Item C of the Consent Agenda — Regular Session minutes dated
December 17, 2001. Council Member Matthai seconded; motion carried unanimously.
Page 5 REGULAR SESSION January 21, 2002
COUNCIL AND STAFF REPORTS:
• MAYOR SCOTT SMITH
Mayor Scott Smith gave a report
• BILL MATTHAI
Council Member Matthai gave a report.
• ROGER WILLIAMS
Council Member Williams gave a report.
• BILL LEGRAND
Bill LeGrand gave a report.
• DIANE COCKRELL
Diane Cockrell gave a report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION.
Council convened into Executive Session at 9:22 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 I
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 10:25 p.m.
REGULAR SESSION
Page 6 REGULAR SESSION January 21, 2002
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO:
• THE TROPHY CLUBIWESTLAKE DEPARTMENT OF PUBLIC SAFETY CONTRACT.
Mayor Smith stated that we have received legal advice relative to the Trophy Club/Westlake
Department of Public Safety Contract and will proceed with said advice.
ADJOURN.
Council Member Matthai made a motion to adjourn at 10:26 p.m.
seconded; motion carried unanimously.
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ATTEST:
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Town Secretary, To w of Trophy Club, Texas
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Council Member Huizenga