Agenda Packet TC 01/17/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, January 17, 2005
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.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."
A.4 Recognize the " 2004 Trophy Club Citizen of the Year" and present a Certificate of
recognition to the recipient.
Nominees:
Tanya Butzloff
Becky Fluty
Bob Downey
Danny Thomas
Barb Tweedie
A.5 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.
A.6 Council/staff reports: this is an opportunity for Council and staff to provide brief updates
on projects and to provide public service announcements. It is not a time for the
expression of opinions, questions and answers, or discussion among staff and Council.
Discussion is limited to whether Council desires to have a topic placed on a future agenda
for future consideration.
B.1 Discuss and take appropriate action to transfer Storm water drainage fees in excess of
storm water related expenses in Fiscal 2003/2004 and future years to GASB 34 long term
street maintenance funds for use on capital storm water repairs and street repairs
containing costs related to storm water collection and dispersion
B.2 Discuss and take appropriate action to authorize payment to Southwestern Bell for line
relocation along the Indian Creek reconstruction route out of street bond funds.
B.3 Discuss and take appropriate action to expend Court Technology Funds in the amount of
$6,250 to purchase new Court Software.
D.1 Consent agenda: Discuss and take appropriate action regarding a resolution approving an
Interlocal Agreement for fire protection, fire rescue and emergency medical services with
Tarrant County Emergency Services District No. One.
D.2 Consent Agenda: Discuss and take appropriate action regarding Minutes dated January 3,
2005.
F.1 Adjourn.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.2
Invocation.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.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."
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.4
Recognize the " 2004 Trophy Club Citizen of the Year" and present a Certificate of
recognition to the recipient.
Nominees:
Tanya Butzloff
Becky Fluty
Bob Downey
Danny Thomas
Barb Tweedie
(DC)
Attachments: None
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.5
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.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.A.6
Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
(dc)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.B.1
Discuss and take appropriate action to transfer Storm water drainage fees in excess
of storm water related expenses in Fiscal 2003/2004 and future years to GASB 34
long term street maintenance funds for use on capital storm water repairs and street
repairs containing costs related to storm water collection and dispersion
EXPLANATION:
In Fiscal 2003/2004 the Town received approximately $39,000 (two years worth of revenue)
more in storm water revenue then it expended in direct costs. In a normal year, this amount will
be closer to $18,000 or less. There has been discussion concerning earmarking these funds
specifically for direct expenses associated with storm water services, i.e. we could pay for pipe
and the labor to install it but not any portion of the salary of the person creating the work order or
the person signing the checks for payment. Currently these funds are in the general fund and
could be used for any municipal purpose. Currently, the most consistent costs we have for storm
water system repair and maintenance are related to street repair and reconstruction.
RECOMMENDATION:
None.
ACTION BY COUNCIL:
(Initials)
Attachments: None.
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.B.2
Discuss and take appropriate action to authorize payment to Southwestern Bell for
line relocation along the Indian Creek reconstruction route out of street bond funds.
EXPLANATION:
There are at least three points of conflict with SBC phone lines in the Indian Creek
reconstruction project. We started working with SBC approximately 18 months ago and just
prior to the holidays they presented us with a cost estimate of approximately $71,000 to relocate
lines. We have negotiated with them, and revised some design work and believe we have
lowered the cost into the $25,000 range. I should have a better estimate by the meeting.
Additionally, their relocation work will delay the start date of this project until March.
RECOMMENDATION:
Recommend approval
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
(to be provided next week)
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.B.3
Discuss and take appropriate action to expend Court Technology Funds in the
amount of $6,250 to purchase new Court Software.
EXPLANATION:
The new system will interface with our existing financial software and provide us with additional
audit capabilities. The Court Technology fund balance is currently $9,856.
RECOMMENDATION:
Staff recommends the expenditure
ACTION BY COUNCIL:
(bg)
Attachments: 1. Council Memorandum
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.D.1
Consent agenda: Discuss and take appropriate action regarding a resolution
approving an Interlocal Agreement for fire protection, fire rescue and emergency
medical services with Tarrant County Emergency Services District No. One.
EXPLANATION: Renewal of annual agreement with Tarrant County Emergency Services
District One.
RECOMMENDATION: Staff recommends approval
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Resolution
3. Contract
INFORMATION MEMORANDUM
To: Town Council
From: Director Randall C. Briggs
Date: 04 Jan 2005
Subject: Mutual Aid Agreement with Tarrant County Emergency Services District One.
This agreement is a renewal of the annual mutual aid agreement with Tarrant County. There no
new information within the agreement.
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL
AGREEMENT (MUTUAL AID) FOR FIRE PROTECTION,
FIRE RESCUE AND FIRST RESPONSE FOR EMERGENCY
MEDICAL SERVICES WITH THE TARRANT COUNTY
EMERGENCY SERVICES DISTRICT NO. ONE;
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT ON BEHALF OF THE TOWN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes governmental entities to contract with each other to perform government
functions and services, such as those that serve the public health and welfare; and
WHEREAS, Tarrant County Emergency Services District No. One (“The District”), is a
special district within the meaning of the Interlocal Cooperation Act, and is therefore an entity
with which the Town may contract; and
WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation
Agreement by and between the Town of Trophy Club, Texas, and the District providing terms
and conditions for certain mutual aid fire services to be provided by the Town to the District, a
substantial copy of which is attached hereto as Exhibit “A” and incorporated herein by reference
(hereinafter called “Agreement”); and
WHEREAS, upon full review and consideration of the Agreement and of this
Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that
the execution of the Agreement serves a valid public purpose, that all funds necessary to pay for
the services shall be paid out of current revenue legally available to the parties to the Agreement
and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the
terms and conditions of the Agreement should be approved, and that the Mayor or his designee
should be authorized to execute the Agreement on behalf of the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS THAT:
Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”) does
hereby approve and agree to enter into an agreement with the Tarrant County Emergency
Services District No. One. A true and correct copy of the said agreement is attached hereto and
incorporated herein as Exhibit “A”.
Section 2. The Mayor and the Town of Trophy Club is hereby authorized,
empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club.
Section 3. This Resolution shall take effect from and after its date of passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 17day of January, 2005.
______________________________
Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
______________________________________
Town Attorney
Town of Trophy Club, Texas
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.D.2
Consent Agenda: Discuss and take appropriate action regarding Minutes dated
January 3, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dc)
Attachments: 1. Minutes dated January 3, 2005
MINUTES OF PUBLIC HEARING AND REGULAR TOWN
COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB,
TEXAS
Monday, January 3, 2005
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Public Hearing/Regular Session on
Monday, January 3, 2005. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Scott Smith Mayor
Scott Spence Mayor Pro Tem
Susan Edstrom Council Member
Roger Williams Council Member
Beverly Foley Council Member
Pam Cates Council Member
STAFF AND GUEST(S) PRESENT:
Donna Welsh Town Manager
Diane Cockrell Town Secretary
Roger Unger Finance Director
Randy Briggs Director of Police & Fire Services
Beth Ann Gregory I/S Manager
Patricia Adams Town Attorney
Kerin Fleck Planning & Zoning Coordinator
Gene Hill Planning & Zoning Chairman
Dennis Sheridan Planning & Zoning Commissioner
A.1 Call to order and announce a quorum.
Mayor Smith called the Public Hearing/Regular Session to order at 7:00 p.m. noting a quorum was
present.
A.2 Invocation.
Roger Unger gave the invocation.
A.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."
Dennis Sheridan gave led the pledges.
B.1 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.
There were no citizen presentations.
B.2 Council/staff reports: this is an opportunity for Council and staff to provide brief
updates on projects and to provide public service announcements. It is not a time
for the expression of opinions, questions and answers, or discussion among staff and
Council. Discussion is limited to whether Council desires to have a topic placed on a
future agenda for future consideration.
Council and Staff reports were given.
Town Council convened into Public Hearing at 7:12 p.m.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing: An application from Star of Texas Energy Services, Inc., for a Specific
Use Permit to allow gas well drilling on a 1.5 acre tract of land referred to as "Pad 15H",
located approximately 220 feet west of the Town's east Town limit line, and
approximately 600 feet south of the Town's northeast Town limit line.
There was no public input. Town Council reconvened into Regular Session at 7:13 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding an application from Star of Texas Energy
Services, Inc., for a Specific Use Permit to allow gas well drilling on a 1.5 acre tract of land
referred to as "Pad 15H", located approximately 220 feet west of the Town's east Town
limit line, and approximately 600 feet south of the Town's northeast Town limit line.(SUP
04-011)
Council Member Williams moved to approve. Mayor Pro Tem Spence seconded; motion carried
unanimously.
D.2 Discuss and take appropriate action regarding a resolution by the Town authorizing
intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No.
9530; authorizing participation with other cities served by Atmos Energy Corporation,
formerly known as TXU Gas Company, in administrative and court proceedings involving a
gas cost prudence review; and designating a representative of the Town to serve on a
Steering Committee.
This item is one of many utility issues handled by coalition of cities on behalf of its members. There is no
cost for the Town’s participation. Intervention in this action helps to protect the Town’s residents who are
gas customers from unreasonable price increase.
Council Member Edstrom moved to appoint Roger Unger as the Town’s representative and approve the
resolution. Mayor Pro Tem Spence seconded; motion carried unanimously.
D.3 Discuss and take appropriate action regarding a resolution to suspend the proposal by
Atmos Energy (formerly TXU Gas Company) to implement interim GRIP rate increases for
gas utility investments in 2003; authorizing participation with other cities served by Atmos;
authorizing intervention in administrative and court proceedings involving the proposed
rate adjustment; and designating a representative of the Town to serve on a Steering
Committee.
Patricia Adams explained that this item is one of the many utility issues handled by coalition of cities that
are served by Atmos Energy (formerly TXU Gas Company). The resolution suspends action by Atmos
and allows the Town to retain jurisdiction. There is no cost for the Town’s participation. Intervention in
this action helps to protect the Town’s residents who are gas customers from unreasonable price
increases.
Council Member Edstrom moved to designate Roger Unger as the Town’s representative and approve the
resolution. Council Member Williams seconded; motion carried unanimously.
D.4 Discuss and take appropriate action regarding approval of budgetary expense of $8,000
from Economic Development Corporation A to provide dugout covers at Independence
Park.
Adam Adams explained that all four fields would need covers and EDC A approved the original amount
of $6,200, the requested amount was increased to $8,000 because there are four fields that need covers.
Roger Unger explained that this proposal will go back to EDC A with bids for final approval (they will
approve or deny the $1,800 increase).
J.D. Harvey of 5 Sunrise Court and Wade Mullis of 6 Timberline Drive addressed the Council.
Council Member Edstrom moved to approve. Council Member Cates seconded; motion carried
unanimously.
D.5 Presentation, discussion and appropriate action regarding a fence waiver request to the
requirements set forth in Town Ordinance No. 2002-42 P&Z, Section 3 entitled "Fences",
Subsection "B" entitled "Height Requirements", (1) pertaining specifically to the height of
side yard fences for a property located at 16 Cimarron Drive, lot 849 of Village West,
Section "A". Applicant: Rodney Wagner (FW-04-016)
Kerin Fleck explained that the applicant installed a pool and is seeking a waiver for a wall that was built
which exceeds the required height limits, per Town Ordinance. The Planning and Zoning Commission
unanimously denied the request. Rodney Wagner explained that the fence allows privacy for his pool.
Council Member Williams moved to approve a wavier contingent on the fence being lowered by one
cinder block being removed and the cap being reattached and any additional changes must come back to
the permitting authority. Council Member Edstrom seconded; motion carried unanimously.
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.
D.6 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.
D.7 Consent Agenda: Discuss and take appropriate action to approve Financials dated October
31, 2004.
D.8 Consent Agenda: Discuss and take appropriate action to approve Financials dated
November 30, 2004.
D.9 Consent Agenda: Town Council to discuss and take appropriate action by Resolution to
appoint candidates for the Tree Board.
A. Steven Kohs
B. Rick Merrill
D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November
8, 2004.
D.11 Consent Agenda: Discuss and take appropriate action to approve Minutes dated November
15, 2004.
D.12 Consent Agenda: Discuss and take appropriate action to ratify a Proclamation, designating
April 3, 2004 as the official Arbor Day for Trophy Club.
D.13 Consent Agenda: Discuss and take appropriate action regarding an Ordinance repealing
Town Ordinance No. 2003-18, and adopting new provisions appointing a presiding judge,
alternate judges and a court clerk for the Trophy Club Municipal Court of Record No. 1.
D.14 Consent Agenda: Discuss and take appropriate action regarding a revision to paragraph 8,
entitled "Pooling", of the oil and gas mineral lease-non-drill site pooling agreement for the
development of the Town's interest in Harmony Park by and between the Town and Star Of
Texas Energy Services, Inc., a substantial copy of which is attached hereto; and authorizing
the Mayor or his designee to execute necessary documents.
D.15 Consent Agenda: Discuss and take appropriate action to ratify a Resolution authorizing the
Town of Trophy Club to participate in the Texas Building and Procurement Commission
Cooperative for the purchase of goods and services under state contracts.
Council Member Williams asked to remove D8 November 30, 2004 Financials for discussion.
Mayor Pro Tem Spence moved to approve D. through D.15 excluding D8. Council Member Edstrom
seconded; motion carried unanimously.
Council Member Williams moved to approve D8, November 30, 2004 Financials. Council Member
Edstrom seconded; motion carried unanimously.
D.16 Additional Information for Council.
No action taken.
Town Council convened into Executive Session at 8:17 p.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
E.1 PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551,
SECTION 551.071 (a) & (b) "CONSULTATION WITH ATTORNEY", THE COUNCIL
WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:
A. CONSULTATION WITH ATTORNEY ON PENDING OR CONTEMPLATED
LITIGATION OR ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO
THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF
PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY
CONFLICTS WITH THE OPEN MEETINGS ACT (§551.071 (a) & (b)):
(1) Perfection Homes Inc., and Mark Carr v. Town of Trophy Club, Cause No. 2003-50345-367
(2) Town of Trophy Club, Texas v. Town of Westlake, Texas, Cause No. 2004-40094-362
(3) Jeremy Denney v. Town of Trophy Club, Cause No. 2004-60732-393
(4) Gregory Brown v. Tony Simmons and the Town of Trophy Club, Cause No. 4-04-CV-871-A
Town Council reconvened into Regular Session at 8:34 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
F.1 Discuss and take appropriate action regarding executive session items.
No Council action was taken.
F.2 Adjourn.
Council Member Edstrom moved to adjourn at 8:34. Council Member Williams seconded; motion carried
unanimously.
___________________________________
Mayor, Town of Trophy Club
__________________________________
Town Secretary, Town of Trophy Club
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 1-17-2005
Subject: Agenda Item No.F.1
Adjourn.
(dc)