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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. / ""'7 Town Secretary, 'own of Trophy Club, Texas rj of Trophy Club, Texas 1