Minutes TC 12/06/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, December 6, 2010 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 6,
2010. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Mayor
Bill Rose
Mayor Pro Tem
Margi Cantrell
Council Member
Larry Hoover
Council Member
JD Stotts
Council Member arrived at 7:42 p.m.
Glenn Strother
Council Member arrived at 6:07 p.m.
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Stephen Seidel
Assistant Town Manager
Shannon DePrater
interim Town Secretary
Patricia Adams
Town Attorney
Scott Kniffen
Police Chief
Danny Thomas
Fire Chief
Kathy Dubose
Finance Director
Carolyn Huggins
Community Development Director
Ed Helton
Director of Street Services
Mayor White announced the date of December 6, 2010; called the meeting to order and announced a
quorum at 6:03 p.m.
Mayor White explained that council member Stotts would be late.
WORKSHOP SESSION - 6:00 P.M.
1. 2010-621-T Consider and provide direction regarding Code of Conduct/Ethics Ordinance.
Mayor Pro Tem Rose recapped that at the last workshop session Council reviewed the document through
Section 4 and that Section 6 was deleted.
Council continued reviewing the document and making changes throughout the workshop. At the end of
the workshop, Mayor Pro Tem Rose stated that he will make the changes as reflected from tonight's
workshop and email to Town Attorney Adams for review.
Council took a short break and reconvened into Regular Session.
2. 2010-640-T Discussion of other agenda items posted for consideration on the Regular Session
Council Agenda for December 6, 2010.
RECONVENE INTO REGULAR SESSION - 7:14 P.M.
December 6, 2010 Regular Session Minutes
The Invocation was offered by Police Chief Scott Kniffen.
The Pledges were led by Council member Margi Cantrell.
Mayor moved Agenda Item Number 10 forward.
10. 2010-624-T Consider and take appropriate action regarding an Ordinance amending Section
2.01 entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled
"Municipal Court" of the Code of Ordinances to re -appoint and extend the term of the current
Presiding and Alternate Judges to January 2013.
Judge Ransleben introduced himself and gave a brief background of Trophy Club Municipal Court.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2010-31 with striking the words "finds that the" in the second where as clause. Motion carried
unanimously without further discussion.
Mayor gave the Oath of Office and Statement of Appointment to Judge Eric Ransleben.
PRESENTATION
3. 2010-626-T Informational presentation regarding the PID and status of Taussig disbursement
review provided by Richard Spence; discussion of same.
Richard Spence, from David Taussig & Associates provided a presentation on the background and status
of The Town of Trophy Club's Public Improvement District (PID) # 1. Julie Partain, Bond Counsel from
Vinson and Elkins was in attendance to respond to questions.
The Mayor expressed her appreciation of Mr. Spence's presentation.
Town Manager Slye stated he is in agreement with Council member Stotts' suggestion of having a PID
Board meeting once or twice a year.
Mayor White agreed that a PID Board meeting is needed to recognize the needs of the PID residents.
Presentation only; no action was taken.
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. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
No citizens signed up to speak.
CONSENT AGENDA
All matters listed as Consent Agenda 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.
Mayor White pulled Item #7 from the consent agenda.
December B, 2010 Regular Session Minutes
4. 2010-551-T Consider and take appropriate action regarding the Minutes dated October 4, 2010.
5. 2010-588-T Consider and take appropriate action regarding the Minutes dated October 18,
2010.
6. 2010-611-T Consider and take appropriate action regarding the Minutes dated November 1,
2010.
8. 2010-635-T Consider and take appropriate action regarding interlocal agreement between the
Town and penton County to provide Ambulance Services, and authorizing the Mayor or her
designee to execute all necessary documents.
9. 2010-636-T Town Manager Slye to designate an Acting Town Manager.
Motion made by Mayor Pro Tem Hose, seconded by Council member Stotts, to approve consent agenda
items 4-6 and 8-9 as presented. Motion carried unanimously without further discussion.
7. 2010-622-T Consider and take appropriate action regarding the Minutes dated November 15,
2010.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve the November
15, 2010 Minutes as amended. Motion carried unanimously without further discussion.
REGULAR SESSION
Mayor moved Agenda Item Number 19 forward.
19. 2010-625-T Consider and take appropriate action regarding the award of a Contract for
Municipal Court Collection Services, and authorizing the Town Manager to execute all
necessary documents.
Town Manager Slye shared that four proposals were opened on Friday, December 3, 2010. Staff's
recommendation is to award a Contract to McCreary Veselka Bragg & Allen, who is currently the Town's
delinquent tax collection attorney, Slye continued by informing Council that cost is not an issue; the law
allows collection agencies to assess a 30% administrative fee to fees collected; the collection agency
gets the 30% and the Town receives the full court fee.
Motion made by Council member Strother, seconded by Council member Stotts, to award a Contract for
Municipal Court Collection Services with McCreary Veselka Bragg & Allen per Staff's recommendation.
Council member Cantrell asked how the Scofflaw and this contract will work together.
Questions arose regarding the wording of the agenda item and the fact that there was no contract in the
backup.
Council member Stotts called the question.
Mayor White called for a vote on the motion to award the contract.
Mayor Pro Tem Rose stated point of order, Council must first vote on the calling the question.
Mayor White called for a vote on the calling the question; vote was unanimous.
Motion to award contract passed unanimously.
December 6, 2010 Regular Session Minutes
11. 2010-575-T Consider and take appropriate action regarding a request for approval of a Final
Plat for Neighborhood 4, Phase 2A (24.80 acres) located in The Highlands at Trophy Club.
Applicant: Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian
Homes-DFW, LLC (FP -10-036)
A. Subdivider's Agreement - Consider and take appropriate action regarding a request for
approval of a Subdivider's Agreement for Neighborhood 4, Prase 2A.
The final plat document was reviewed in accordance with the approved subdivision regulations as well as
the approved development standards as set forth in Planned Development District No. 27. The plat
meets the regulations and Staff recommended approval of the Final Plat of Neighborhood 4, Phase 2A.
The Planning and Zoning Commission considered this case on October 21, 2010 and unanimously voted
to approve.
Motion made by Council member Cantrell to approve the Final Plat for Neighborhood 4, Phase 2A (24.80
acres) located in The Highlands at Trophy Club; seconded by Council member Hoover.
Amended motion made by Mayor Pro Tem Rose to include the subdivider's agreement; seconded by
Council member Hoover. Motion carried unanimously,
First motion carried unanimously without further discussion.
12. 2010-627-T Consider and take appropriate action regarding an Ordinance of The Town of
Trophy Club, Texas Amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 6 Making A Supplemental Appropriation In Accordance With The Town
Charter); Providing a Savings and Repealer Clause; Providing for Severability; Providing for
Engrossment and Enrollment; and Providing an effective date.
The 2009-2010 Fiscal Year Budget included estimated engineering fees associated with development
plan review for the Highlands' Neighborhoods 1, 5 and 6. In July 2010, the developer also submitted
Highlands' Neighborhoods 3 and 4 for review. The attached ordinance amends the 2009-2010 budget by
appropriating $6,000 of the additional Highlands' developer's fee to cover the engineering costs
associated with the development plan review for Neighborhoods 3 and 4. Management recommended
approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2010-31 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion.
13. 2010-628-T Consider and take appropriate action regarding an Ordinance of The Town of
Trophy Club, Texas amending the FY 2009-2010 Budget of The Town of Trophy Club, Texas;
Providing for the Incorporation of Premises; Providing for an Amendment (Budget
Amendment No. 7 Making A Supplemental Appropriation In Accordance With The Town
Charter); Providing a Savings and Repealer Clause; Providing for Severabillty; Providing for
Engrossment and Enrollment; and Providing an Effective Date.
The 2009-2010 Fiscal Year Budget included estimated revenues and expenses associated with trash
removal and recycling. On January 18, 2010 the Council approved a rate increase with Allied Waste. In
addition, the Town also experienced unanticipated growth in residential housing which impacted the level
of trash removal and recycling. The attached ordinance amends these revenue and expense budgets for
the unanticipated increases. Management recommended approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve Ordinance 2010-
32 amending the FY 2009-2010 Budget. Motion carried unanimously without further discussion.
December 6, 2010 Regular Session Minutes 4
14. 2010-448-T Consider and take appropriate action regarding an Ordinance relative to the
Town's participation in TMRS by authorizing the Town to make current and prior service
contributions to the Town's account in the Municipal Accumulation Fund of TMRS; and
providing an effective date.
The Texas Municipal Retirement System (TMRS) was established by legislators in 1947 and is
administered in accordance with the Texas Municipal Retirement System Act (Texas Government Code,
Title 8, Subtitle G). Trophy Club is one of more than 800 Texas municipalities which make up TMRS. The
Trophy Club Municipal Utility District No. 1 employees are allowed to participate in TMRS through the
Town of Trophy Club. In 2009, during the 815' Legislative Session, the Texas House and Senate
unanimously voted to make several changes to the system to ensure its long-term future soundness,
including changes in the system's investment program, as well as, actuarial methodology. These updates
were completed in the summer of 2010 and require member cities/towns to approve an ordinance
incorporating the changes by January 1, 2011. Management recommended approval.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve Ordinance
2010-33. Motion carried unanimously without further discussion.
15. 2010-623-T Consider and take appropriate action regarding an Ordinance approving a Code of
Conduct 1 Ethics Ordinance and establishing an Ethics Commission.
Town Manager Slye recommended Mayor Pro Tem Rose clean up the provisions discussed earlier and
forward to Town Attorney Adams and Staff will place on the next agenda for approval. Mayor Pro Tem
Rose concurred and also requested help from Council member Cantrell to make sure he is on track.
16. 2010-653-T Consider and take appropriate action regarding a Resolution approving the
proposed terms of a settlement between the Town and Travelers Companies Inc., relative to a
bond claim on the Contract for Paving, Grading and Utility Improvements for the Highlands of
Trophy Club Master Improvements Phase 2; authorizing the Town Manager to finalize
settlement documents and to execute all necessary and related documents; and providing an
effective date.
Town Manager Slye shared that there are several areas of road failure in the PID addition and
surrounding areas; the company that laid the roads is now bankrupt and the maintenance bond has
expired; however Travelers Surety Company is currently responsible to repair these failures. Travelers
Companies, Inc. is working with Tri Dal Utilities, LTD. Tri Dal will guarantee their work for one year after
Staff accepts the work. Slye recommended that Council approve this Resolution authorizing him to enter
into a settlement agreement.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to approve Resolution
2010-25. Motion carried unanimously without further discussion.
17. 2010-652-T Consider and take appropriate action regarding a Resolution of the Town of Trophy
Club, Texas, authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an
extension to the current electric supply services agreement with Next Era for a fixed price
through 2018; authorizing the Chairman of CAPP to execute an extension to the current
Electric Supply Agreement for deliveries of electricity effective January 1, 2011 or as soon as
possible thereafter; committing to budget for energy purchases for Town electrical needs; and
providing an effective date.
Town Manager Slye recommended that Council not approve this Resolution; the contract terms are too
long and prices have already fallen below the current contract.
December 6, 2010 Regular Session Minutes
Council member Hoover expressed he is also not in favor of long contracts.
Council took no action; Resolution failed.
18. 2010-620-T Consider and take appropriate action regarding approval of a Roundabout at
Trophy Club Drive and Trophy Lake Drive intersection.
As presented at the November 15, 2010, Council meeting, the Town Engineer, Tom Rutledge, Teague
Nall & Perkins, explained the analysis of the existing intersection operations at the all -way stop located at
Trophy Club Drive and Trophy Lake Drive intersection. Intersection operations are rated on a Level of
Service (LOS) scale of A to F with A representing a best case scenario and F representing a failure of the
intersection traffic flow. The existing intersection operates at LOS "C" in the AM peak and LOS "B" in the
PM peak. However, by 2014, the intersection can be expected to experience congested operations during
the AM and PM peak hours under all -way stop control (LOS "F" in the AM peak and LOS "D" in the PM
peak).
An alternative for dealing with the expected congestion is to provide a continuous flow roundabout
intersection which operates with all entering traffic yielding to the circular roadway and then circulating to
exit on the desired departure. Roundabout configurations were presented to the Council on November
15, 2010, with a recommendation for Configuration B with an added by-pass right turn lane in the
southwest corner. This configuration will provide a LOS of C or better under 2014 expected conditions
with room for some growth.
The probable construction costs for the roundabout Configuration B with an added by-pass right turn lane
were included in the meeting packet. The cost opinion is based on the layout and configuration that was
presented at the Council meeting on November 15, 2010. It includes a 15% contingency of
approximately $95,000 to allow for detailed final design once right-of-way (ROW) has been acquired. A
right-of-way exhibit is attached. The exhibit shows the approximate amount of ROW that would be
required for the roundabout improvement. Cost for purchase of ROW is not reflected in the project
budget. The developer for Trophy Club Commons has indicated a willingness to dedicate ROW for his
portion. The other land owners will need to be contacted for acquisition of ROW.
The cost opinion for improving the intersection to a traffic signal was also included in the meeting packet.
This estimate includes pavement reconstruction for Trophy Club Drive and Trophy Lake Drive. The
estimate does not include the cost of an annual maintenance contract (for programming, timing and
maintenance).
Town Manager Slye stated there was one reason for this item — Council needs to provide direction.
Motion made by Mayor Pro Tem Rose to move forward with investigations of roundabouts with the frame
of what was discussed at the November 15, 2010 Council meeting; seconded by Council member
Hoover. Motion carried unanimously without further discussion.
20. 2010-629-T Consider and take appropriate action regarding financial and variance report dated
October 2010.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve the financial
and variance report dated October 2010 as presented.
Motion carried unanimously without further discussion.
21. 2010-630-T Consider and take appropriate action regarding the regularly scheduled Town
Council meetings for the remainder of December 2010.
December 6, 2010 Regular Session Minutes
Motion made by Council member Cantrell; seconded by Council member Hoover, to not meet on
December 20, 2010. Motion carried unanimously without further discussion.
22. 2010-631-T Town Manager Slye's update regarding the following; discussion of the same.
- CFAB Update
- Special Events Ordinance
- Citizens Survey Update
Town Manager Slye updated the Council and answered questions.
Slye wished Council and Staff a Happy and Safe Holiday Season.
No action taken, update only.
23. 2010-632-T Mayor and Council. Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
Meetings Attended by Council:
North Texas Commission's (Signature Series)
- Transportation Summit — representation from federal, state and county
- Regional Trail Connectivity
- Social Media Webinar
- Obesity Prevention Policy Council Luncheon (Council member Cantrell)
- Denton County Towns and the Texas Pipeline Association Luncheon (Mayor Pro Tem Rose)
Mayor White, Mayor Pro Tem Rose and Council member Cantrell gave brief updates of the meetings they
attended.
No action taken, update only.
24. 2010-633-T Receive Mayor Pro Tem Rose's liaison report regarding the November 16, 2010
TCMUD No. 1 Meeting; discussion of same.
- North Texas Ground Water Association
- Trinity Well
- Water Storage
Mayor Pro Tem Rose updated the Council with regards to the November 16, 2010 TCMUD No. 1 meeting
and addressed questions.
No action taken, update only.
25. 2010-634-T Items for Future Agendas
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Mayor White asked that Item 92 be removed since it will be on the next agenda.
No items were added.
December 6, 2010 Regular Session Minutes 7
Interim 'Town Secretary Shannon DePrater excused herself from the Executive Session Chambers prior
to Council convening into Executive Session.
Council convened into Executive Session at 9.56 p.m.
EXECUTIVE SESSION
26. 2010-637-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a
public officer or employee:
(1) Discussion regarding the hiring of a Town Secretary
Council reconvened into Regular Session at 10:30 p.m.
RECONVENE INTO REGULAR SESSION
27. 2010-638-T Consider and take appropriate action regarding the Executive Session.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to proceed forward with the
hiring process of a Town Secretary as discussed in executive session. Motion carried unanimously
without further discussion.
ADJOURN
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to Adjourn.
Meeting adjourned at 10:30 p.m.
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Shannon DePrater, Interim Town Secretary donnie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
December 6, 2010 Regular Session Minutes