Minutes TC 09/15/2003MINUTES OF
REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
SEPTEMBER 15, 2003
*REGULAR SESSION — 7:00 P.M.
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, September
15, 2003. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith
Beverly Foley
Susan Edstrom
Bill Matthai
Scott Spence
Roger Williams
STAFF AND GUEST(S) PRESENT:
Diane Cockrell
Roger Unger
Patricia Adams
Randy Briggs
Beth Ann Gregory
Adam Adams
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Secretary
Finance Director
Town Attorney
Community Development Manager
Information Systems Manager
Parks and Recreation Administrator
1. CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Smith called the Regular session to order at 7:07 p.m. noting a quorum was present.
2. INVOCATION.
Roger Unger gave the invocation.
3. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG.
PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG.
"Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible."
Tyler Schmidt led the pledges.
4. 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.
Robert Munroe of 16 Avalon Drive, Edward Olensky of 307 Lakewood Drive, Gregory Lamont of 15
Avalon Drive and Kathleen Wilson of 34 Meadowbrook Lane addressed the Council.
5. COUNCIL/STAFF REPORTS.
Council and Staff updated the Council.
Page 2 Regular Session September 15, 2003
6. THIS ITEM WAS ADDRESSED AT A PREVIOUS COUNCIL MEETING: see amended #6
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
ACCEPTING AND AWARDING OF THE LOW BID AND ALTERNATE BID FOR APPROVAL
OF CONSTRUCTION OF THE MEDIANS ON INDIAN CREEK DRIVE FROM WOODLANDS
COURT TO EDGEMERE DRIVE AND REJECTING ALL OTHER BIDS.
NOTE: THIS AMENDED AGENDA ITEM OF NUMBER 6 WAS MOVED AFTER AGENDA ITEM
NUMBER 14.
15. TOWN COUNCIL TO OBSERVE A PRESENTATION, DISCUSS AND TAKE
APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR APPROVAL TO PLACE
TEMPORARY POLE SIGNS AT HARMONY PARK.
Adam Adams and Bud Fluty gave an overview of the need for the temporary signs and field
improvements made by the soccer association with the funds raised by the Soccer Association by posting
these signs.
Council Member Edstrom moved to approve the request to place temporary pole signs at Harmony Park
with up to twelve signs for the Fall season and waiver of the $25 fee. Council Member Matthai seconded;
motion carried unanimously.
7. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING
MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2003 AND ENDING SEPTEMBER 30, 2004, AND FOR EACH FISCAL YEAR
THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $.44051 PER ONE
HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT
THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION
AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; PROVIDING
FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
Roger Unger stated that a State Grant for $56,000 has been received for a Drug Intervention Officer. Staff
recommends buying the police vehicle instead of paying for the vehicle over three years. Staff
recommends initiating the Records Management System in this budget year. Timesavings of
approximately 28 hours a week would be gained by the Officers to help offset a department restructure.
Our employee health insurance rates were misquoted. The employee benefits were decreased and the
premiums were increased. We have negotiated and the Town will incur an additional $25,000 cost.
Roger Unger added "for the record" staff brought forth items that improve efficiency and save money; it
has been suggested that it is inappropriate. Next year when staff is chastised for not saving money, we
can state that opportunities were brought forward and were not accepted.
Mayor Smith asked Council Member Williams: "You had said that you had some ideas that you wanted
to discuss?" Council Member Williams moved to approve the ordinance of the Town of Trophy Club,
Texas fixing and levying municipal ad valorem taxes for the Fiscal Year beginning October 1, 2003 and
ending September 30, 2004 and for each fiscal year thereafter until otherwise provided at a rate of
$.43051 per one hundred dollars ($100.00) assessed valuation. Mayor Pro Tem Foley seconded; motion
carried 3-2-0 with Mayor Pro Tem Foley, Council Members Williams and Spence voting for and Council
Members Matthai and Edstrom voting against.
8. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN
ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, DENYING TXU GAS
COMPANY'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY, AS A PART OF
THE COMPANY'S STATEWIDE GAS UTILITY SYSTEM; PROVIDING A
Page 3 Regular Session September 15, 2003
REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE
TOWN; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF
THIS ORDINANCE TO TXU` GAS COMPANY; AND PROVIDING AN EFFECTIVE DATE.
Patricia Adams explained this is the follow up to the earlier ordinance suspending the rate and that both
the steering committee and TXU are in agreement to the passage of this ordinance.
Council Member Williams moved to approve an ordinance of the Town of Trophy Club, Texas, denying
TXU Gas Company's request to change rates in this municipality, as a part of the company's statewide
gas utility system; providing a requirement for a prompt reimbursement of costs incurred by the town;
finding that the meeting at which this ordinance is passed is open to the public as required by law; and
providing for notice of this ordinance to TXU Gas Company. Council Member Edstrom seconded;
motion carried unanimously.
9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN
MANAGER OR HER DESIGNEE TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT
PURSUANT TO THE CONTRACT TO BE SIGNED BY CITIES AGGREGATION POWER
PROJECT, INC. FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2004;
AUTHORIZING ELIGIBLE DESIGNEES TO INCLUDE THE CHAIRMAN OF CAPP; AND
PROVIDING AN EFFECTIVE DATE.
Patricia Adams explained that the Cities Aggregation Power Project (CAPP) formed prior to deregulation
to negotiate for electric supply for cities at a lower rate. This would allow the Town Manager or her
designee is hereby authorized to sign an electric power agreement pursuant to the contract approved and
recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation.
Mayor Pro Tem Foley moved to approve a resolution of the Town of Trophy Club, Texas, authorizing
the Town Manager or her designee to execute an electric supply agreement pursuant to the contract to be
signed by Cities Aggregation Power Project, Inc. for deliveries of electricity effective January 1, 2004;
authorizing eligible designees to include the Chairman of CAPP. Council Member Matthai seconded;
motion carried unanimously.
10. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN AND THE
TROPHY CLUB MASTER DISTRICT FOR THE ADMINISTRATION OF FIRE
PROTECTION SERVICES WITHIN THE BOUNDARIES OF THE TOWN, MUD1, AND
MUD2, WITHIN AREAS THAT ARE PART OF THE FIRE DISTRICT DESIGNATED BY
DENTON COUNTY, AND WITHIN AREAS WHICH ARE COVERED UNDER MUTUAL
AID AGREEMENTS; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE
ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Roger Unger gave an overview of the need to streamline the operation of Fire and EMS services. The
Town will operate and manage; the Town will start operation on October 1, 2003.
Council Member Matthai moved to approve a resolution of the Town Council of the Town of Trophy
Club, Texas, approving an interlocal agreement between the Town and the Trophy Club Master District
for the administration of fire protection services within the boundaries of the Town, MUDI, and MUD2,
within areas that are part of the fire district designated by Denton County, and within areas which are
covered under mutual aid agreements; authorizing the mayor or his designee to execute all necessary
documents. Council Member Williams seconded; motion carried unanimously.
Moved to agenda item #6 AMENDED AS FOLLOWS:
6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
ACCEPTING AND AWARDING OF THE LOW BID AND ALTERNATE BID FOR THE
STREETS CRACK AND SEAL PROGRAM.
Page 4 Regular Session September 15, 2003
Tom Rutledge explained that the bids were very competitive. North Texas Contracting is the
recommended low bid contractor.
Council Member Williams moved to award the bid to North Texas Contracting and the alternate bid to
Concrete Penetrating for the street and crack and seal program. Mayor Pro Tem Foley seconded; motion
carried unanimously.
11. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING A CONTRACT FOR THE TRANSFER OF STORM DRAINAGE FACILITIES
FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO THE TOWN OF
TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE.
Randy Briggs handed out a time line and state that tonight we will approve the "contracts". We will not
actually take over the storm sewers. There are two public hearings required to accept this contract as a
public utility. Thirty days after the second public hearing, we would have to impose a fee. Tonight we
will approve the contract and give an effective date that we have estimated to be December 1st.
Council Member Williams moved to table Items 11 and 12. Council Member Edstrom seconded pending
a workshop with the Master District.
12. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING A CONTRACT FOR THE TRANSFER OF STORM DRAINAGE FACILITIES
FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO THE TOWN OF
TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE.
13. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
TRANSFER OF COMMUNITY IMPROVEMENT ASSOCIATION LIEN FUNDS PLUS AN
ADDITIONAL AMOUNT NOT TO EXCEED $19,000 FROM GENERAL FUND RESERVES
TO POOL CONSTRUCTION.
Council Member Williams moved to approve the transfer of Community Improvement Association lien
funds plus an additional amount not to exceed $19,000 from General Fund Reserves to Pool Construction.
Council Member Matthai seconded; motion carried unanimously.
14. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
"RATIFYING THE CONSENT TO ENCROACHMENT" FOR 37 TROON COURT.
Council Member Edstrom moved to approve the request regarding "Ratifying the Consent to
Encroachment" for 37 Troon Court. Council Member Williams seconded; motion carried unanimously.
16. 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. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND
NORTHWEST INDEPENDENT SCHOOL DISTRICT PROVIDING TERMS AND
CONDITIONS FOR THE JOINT USE OF LAKEVIEW FIELD; AUTHORIZING THE
EXECUTION OF THE AGREEMENT BY THE MAYOR OR HIS DESIGNEE; AND
PROVIDING AN EFFECTIVE DATE.
Page 5 Regular Session September 15, 2003
B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF THE WORKSHOP AND SPECIAL SESSION MINUTES DATED
AUGUST 25, 2003.
C. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING
APPROVAL OF THE JOINT TOWN COUNCIL AND ECONOMIC DEVELOPMENT
CORPORATION B WORKSHOP/PUBLIC HEARING AND SPECIAL SESSION
MINUTES DATED SEPTEMBER 2, 2003.
D. FINANCIALS DATED AUGUST 31, 2003.
Mayor Pro Tem Foley moved to approve the Consent Agenda above. Council Member Edstrom
seconded; motion carried unanimously.
17. ADJOURN.
Council Member Williams moved to adjourn at 9:49 p.m. Council Member Edstrom seconded; motion
carried unanimously. /
ATTEST.
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Town Secretary, 'own of Trophy Club, Texas
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of Trophy Club, Texas
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