Minutes TC 03/03/2008MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Monday,March 3,2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The lown Council of the Town of Trophy Club,Texas,met in a Regular Session on Monday,March 3,2008.The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Susan Edstrom
Jim Moss
Philip Sterling
Kathleen Wilson
TOWN COUNCIL MEMBERS ABSENT:
Pam Cales
STAFF AND GUEST(S)PRESENT:
Brandon Emmons
Stephen Seidel
Lisa Ramsey
Patricia Adams
Danny Thomas
Scott Kniffen
Sakura Moten-Dedrick
Mayor
Mayor Pro Tern
Council Member
Council Member
Council Member
Council Member
Town Manager
Assistant Town Manager
Town Secretary
Town Allorney
Fire Chief
Police Chief
Finance Director
A.2 Invocation given by Council member Sterling~
A.3 Pledges led by Sakura Moten Dedrick.
A.4 Citizen presentations:
Larry Crosser,17 OverhiIJ -Provided a brief update on Charter Review Commission and advised that the
Commission will conduct a Town Hall meeting on April 15,2008.
Greg Lamont,15 Avalon Drive -Upset that Public Officials Neil and Pauline Twomey have publicly embarrassed
the Town over the past several years by attacking staff and other public ofticials not under their control.
Council member Wilson called point of order.Mayor Sanders advised Mr.Lamont to keep his comments
pertinent to the Council.
Neil Twomey,203 Oakmont Drive -Advised the Council that Lamont started this and accused the Mayor of
allowing this to occur.
Patricia Adams read a letter submitted by Council member Cales tendering her resignation from the Council
effective immediately.
A.S Biannual update by Staff Liaison for Ways &Means Advisory Group,and discussion of the same.
March 3,2008 1
Finance Director,Sakura Moten-Dedrick updated the Council and introduced Dwight Morrow who asked the
Council to set objectives for the staff when selling the budget and to produce the staff's wish list sooner in the
budget process.
Consent Agenda
Motion made by Wilson,seconded by Edstrom to approve Items B.1 -B.3.
Molion passed unanimously without any discussion.
8.1 Consent Agenda:Discuss and take appropriate action ratifying an Ordinance approving the terms
and conditions of a note,as well as a specified lender for the financing of new in-car video
equipment for the police department.
8.2 Consent Agenda:Discuss and take appropriate action to approve financials and variance report
dated:
a.January 2008 •March 2008
8.3 Consent Agenda:Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for the School Resource Officer Program for the 2008-2009
fiscal year and designating the Town Manager as the authorized official for the Town.
6.4 Consent Agenda:Discuss and take appropriate action regarding an Ordinance of the Town of
Trophy Club approving a settlement agreement between Atmos Energy Corporation,Mid·Tex
Division and Atmos Texas Municipalities,determining that existing rates should be changed,and
adopting new tariffs.
llem B.4 was deferred until after lIem 0.1.
Town Manager Emmons said that Atmos'original request was for $52 million rate increase.The selliement
provides for a $10 million increase,of more than an 80%reduction in the requested increase in rates.Under the
settlement,residential rates will increase by $0.20 per month.Atmos Texas Municipalities recommends that the
settlement agreement be adopted.
Motion made by Edstrom,seconded by Wilson.
Mollon passed unanimously without any discussion.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
C.1 Public Hearing:Consider a Resolution of the Town of Trophy Club determining the current rates
of the Atmos Energy Corporation,Mid-Tex Division to be unjust and unreasonable.
Time opened:7:27 p,m.
No citizen input.
Time closed:7:28 p.m.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
'REGULAR SESSION
March 3,2008 2
D.1 Discuss and take appropriate action regarding a Resolution of the Town of Trophy Club
determining the current rates of the Atmas Energy Corporation,Mid·Tex Division to be unjust and
unreasonable.
Town Manager Emmons stated Atmos appealed the Council's denial of its request for a $52 million rat increase to
the Railroad Commission of Texas.The appeal was consolidated with GUD Docket No.9762.While at the
Commission,Atmos Texas Municipalities and Atmos were able to negotiate a settlement.The settlement
included matters not appropriate to the Railroad Commission jurisdiction such as the agreement to allow Atmos
Texas Municipalities cities to increase the municipal franchise compensation rate to 5%of gross receipts.
Atmos Texas Municipalities legal counsel stated that there was some risk that settlement might be nUllified.For
this reason,legal counsel felt that it was prudent to re-establish original jurisdiction before each Atmos Texas
Municipality.Jurisdiction can be re·established through the adoption of the Show Cause Resolution.
Atmos Texas Municipalities recommends adoption of the Show Cause Resolution so that the City may re-
establish original jurisdiction over the Atmos Energy Corp.,Mid-Tex Division rates.
Motion made by Moss,seconded by Edstrom to approve the Resolution.
Motion passed unanimously without any discussion.
D.2 Discuss and take appropriate action relative to a request for a Temporary Use Community Garage
Sale Permit granted by Special Privilege.(Applicant:Betty Watson,Trophy Club Women's Club)
Mayor Sanders introduced applicant,Betty Watson.
Motion made by Edstrom,seconded by Wilson to approved the Temporary Use Community Garage Sale Permit
granted by Special Privilege.
Wanda Brewster,222 Fresh Meadow Drive -Mrs.Brewster,Co-President of Trophy Club Women's Club (TCWC)
announced that TCWC grossed $8,000 from both garage sales last year and the money was donated to the
Haslet Library,Roanoke Food Pantry,Meals on Wheels and Trophy Club Animal Control.
Motion passed unanimously without further discussion.
0.3 Discuss and take appropriate action awarding the contract for Trophy Club Drive (Master
Improvements)Phase 2 project bid.
Motion made by Edstrom,seconded by Sterling to approve.
Town Manager Emmons said Town staff conducted two preliminary meetings with six contractors and received
three bids for Trophy Club Drive (Master Improvements)Phase 2 project.This project consists of four major
improvements located in the PID.Stafl recommends the Council award the bid to Four·D Construction in the
amount of $5,398,082.19.Emmons stated that the increase cost of fuel added to the cost overruns and has had
a negative impact.Four·D Construction is currently the contractor for the Highlands and Turnberry and is familiar
with the Town's needs and expectations.
Council member Wilson is concerned that the Town is reaching into the contingency fund and requested Town
Manager Emmons to be firm in the future regarding cost overruns.Town Manager Emmons responded most of
the other potential cost overruns will be able to be absorbed to meet the budgetary requirements.
Mayor Pro Tem Edstrom modified the motion awarding the $5,398,082.19 bid contingent upon final approval of
the bonds,authorizing the Town Manager to sign the contract,and recognizing the leller from Centurion
guaranteeing payment for the incentives,the second agreed.
Motion passed unanimously without further discussion.
March 3,2008 3
D.4 Discuss and take appropriate action regarding an Agreement for Professional Services between
Carter &Burgess,Inc.and the Town of Trophy Club for Construction Phase Services related to
the Highlands at Trophy Club Master Improvements,Phase 2.
Town Manager Emmons stated this contract will cover all engineering responsibilities related to the construction
phase of the Trophy Club Master Improvements Phase II.Contract funding will be provided proportionately based
on the assessed benefit to the residents of The Public Improvement District (PI D).The Engineer's Opinion of
Cost in the Service and Assessment Plan for the Highlands of Trophy Club PIO included the engineering costs as
part of the total project cost.Staff recommends the Town contract with Carter and Burgess and requested that
the Council acknowledge the purchasing policies.After speaking with other contractors,staff did not advertise
this agreement as it would have been disingenuous as the determination was already made that Carter and
Burgess was qualified.Emmons said staff is still waiting on indemnification language for the contract.
Motion made by Moss,seconded by Wilson to approve the agreement.
Council member Wilson said it makes sense to award the agreement to Jacobs Carter Burgess.Wilson asked
Town Manager Emmons to request Jacobs Carter Burgess to be timely as they have missed previous deadlines.
Krisha Brooks from Jacobs Carter Burgess said they will be very proactive to ensure a quick turn around.
Council member Moss modified the motion,acknowledging of exception to the procurement policy,approval
pending the change to the indemnity language and removal of article 18,Section E and authorizing the Town
Manager to execute,the second agreed.
Motion passed unanimously without further discussion.
0.5 Discuss and take appropriate action regarding an Ordinance amending Chapter 1,entitled
"Administration"of the Code of Ordinances,enacting Section 8.16,entitled "Public Works for
Public Improvement District No.1."
Town Manager Emmons proposed staff's recommendation of adding a new section to the Schedule of Fees,
Section 8.16 "Public Works for Public Improvement District NO.1"to cover all the fees associated with water and
wastewater,as well as the connection fee,impact fee,etc.to service the PID.Emmons said the fees are
consistent with the fees established by the MUDs.
Motion made by Edstrom,seconded by Wilson approving the Ordinance amending Chapter 1,entitled
"Administration"of the Code of Ordinances,enacting Section 8.16,entitled "Public Works for Public Improvement
District NO.1."
As requested by Council member Moss,Town Manager Emmons restated that the charges are the same as the
current rates being charged by the MUDs and that there is no increase.
Motion passed unanimously without further discussion.
0.6 Discuss and take appropriate action regarding the submission of the Grant application for the
Criminal Investigator Program for the 2008·09 fiscal year.
Police Commander Tony Simmons presented that the Town's growth of the Town is creating a burden on the
Police Department and the likelihood for resolution to investigations.
Motion made by Edstrom,seconded by Moss approving the submission of the Grant application for the Criminal
Investigator Program for the 2008-09 fiscal year.
Motion passed unanimously without further discussion.
March 3,2008 4
0.7 Discuss and take appropriate action regarding the consideration of proposed site options to move
the outdoor warning siren from the Harmony Park parking areas owned by Beck Properties.
Town Manager Emmons provided the following three options with quotes from American Communication:
Option 1:Move the existing Warning System tower,which is located at the south end of Harmony Park on a
lot West Hillside Place,approximately thirty yard to the west.($6,000.00)
Option 2:Move the existing Warning System tower to the north end of Harmony Park and add an additional
3-cell,to expand the warning coverage to the south end of Trophy Club Park.($11,442.00)
There will still be a void covering neighborhood 7.
Option 3:Move the existing Warning System tower,which is located on the south end of Harmony Park on
a lot on West Hillside Place,approximately thirty yards to the west.Add an additional 2·cell
Warning System tower to a location on the east end of Marshall Creek Road.32 ($22,887.00)
Emmons explained that the contractor would need thirty days notice to move the System.Staff recommends
starting with Option 1,and to set funds aside in order to move to Option 3 when the Town builds out.Funding
could potentially come from the Fire Department emergency and building maintenance,and staff could check with
the EDCs and the MUDs for funding help since the $6,000.00as this is not a budgeted item.
Motion made by Moss,seconded by Edstrom,accepting Option 1 for $6,000,requesting Town Manager Emmons
look into funding options and to keep the Council informed if the Town receives formal word from Beck to move
faster.
Motion passed unanimously without further discussion.
0.8 Discuss and take appropriate action directing staff to undertake a traffic study in the area of
Trophy Wood to 114 and Trophy Wood and Inverness to address safety concerns,flow of traffic,
number of lanes and potential for a mandatory turn lane.
Town Manager Emmons said a simple traffic survey can be completed in-house for less than $2,000.A long-term
study/traffic count would need to be conducted by a traffic engineer,estimated at $5,000 to -$7,500.
Randy Rutledge,5 Jamie Court -Spoke in favor of the traffic study and recommended traffic calming measure
rather than speed reduction.
Fred Zuber.22 Hanna Court·Spoke in favor of the traffic study.
Mayor Pro Tem Edstrom is confident in the staff's ability to perform the study and is not in favor of spending the
funds to hire an engineering firm.Edstrom suggested that the Council direct the Town Manager to have the
appropriate staff conduct the traffic study and report back at the first meeting in April.
No action taken only direction.
0.9 Discuss and take appropriate action regarding the Employee Services Contract.
Mayor Sanders advised the contract was been reviewed by the Town and MUD attorneys.The only changes are
to Paragraph X,Discipline.The changes were approved by the Master District on February 13,2008.
Motion made by Edstrom,seconded by Moss.
Motion passed unanimously without further discussion.
0.10 Discuss and take appropriate action regarding an Ordinance amending Section 4.05(8)(2)of
Article IV,Chapter 5 of the Code of Ordinances relating to number,size and placement of political
signs.
March 3,2008 5
Mayor Sanders confirmed with Town Allorney Adams that easements were not addressed.Town Attorney
Adams does not have any legal concerns with this language.
Motion made by Sterling,seconded by Moss.
Council member Sterling recapped one sign per candidate,per yard.If len people are running,a person may
have ten signs in their yard.Mayor Pro Tern Edstrom would still like to limit the number of signs per open seats.
Motion passed unanimously without further discussion.
Council recessed for ten minutes.
0.11 Discuss and take appropriate action to approve Minutes dated,February 11,2008.
Motion made by Edstrom,seconded by Moss.
Motion passed 3:0:1 with Sterling abstaining.
Council moved up Hem D.14.
0.12 Discuss and take appropriate action regarding the proposal and resulting negotiations between
the Town of Trophy Club and the Management Connection,Joe Gonzales.
Mayor Sanders informed the Council that Mr.Gonzales is nol willing to lower his price.Mr.Gonzales'fee is
based on recouping his cost when he came out and inteNiewed the Council.Gonzales said he is perhaps the
wrong person to conduct this training since Council does not realize the training importance.Town Manager
Emmons said Mr.Gonzales'price is tirm.
Council member Wilson and Sterling agreed that everything is negotiable.Council member Moss said that this
would be a wasle of money,feels all of the Council members bring a wealth of professional business relations
and that the Texas Municipal League offers training sessions for a nominal fee.Mayor Pro Tem Edstrom does
not have a problem not contracting with Mr.Gonzales.Edstrom suggested contacting Davis Palmer,NISD Board
President regarding his presentation on how well the School District relates with one another,their concerted
effort as a team and the chain of command.Edstrom agreed with Moss that the Council collectively has time and
business experience,and also have areas to improve.Moss would like to consider Davis Palmer.
Motion made by Sterling,seconded by Moss to deny proposal.
Motion passed unanimously without further discussion.
D.13 Assistant Town Manager to give a report regarding the items to be discussed at the Regional
Roundtable Meeting between the Town Council of Trophy Club,the Board of Alderman for the
Town of Westlake,City Council for the City of Roanoke and the Board of Directors for the
Northwest Independent School District and discussion of the same.
Assistanl Town Manager Seidel provided a brief report regarding the Regional Roundtable.
Mayor Pro Tem Edstrom suggested specific time allotments lor each item.Mayor Sanders is not in favor of
placing time limits on the items and would preler to know a lime frame for each ilem,prior to the meeting in order
to keep the meeting flowing.
Council member Wilson requested Town Manager provide her a copy of the engineering study on the road from
Byron Nelson High School to Hwy 377.
No action taken,report only.
March 3.2008 6
D.14 Town Manager to give a report regarding the creation of a WaterlWastewater study team and
discussion of the same.
Town Manager Emmons stated that as directed by Council,he has begun his search for a study team.The RFQ
was provided to the Master District last week and Emmons has received input from some of the Directors.
Emmons suggested Council address every issue in order to determine if operations are running efficiently.The
study needs to include a review of the current infrastructure condition so that the Town has knowledge of the
current system.
Town Manager Emmons estimated the study would cost $30,000 -40,000 on the low end and $75,000 -100,000
on the high end.
Ben Brewster,222 Fresh Meadow Drive -Spoke on behalf of over 560 citizens who responded to the letter the
Ad Hoc committee sent out,all in favor of the study.Mr.Brewster referenced the consolidation of Solana through
legislative action which would be long and drawn out.Legal aspects need to be addressed first and management
consideration on how our management would work with Westlake.Brewster said the ad hoc Committee is not
saying consolidation is the only way and want the study to determine.
Mayor Sanders agreed and said in order to spend this type of money he would like reassurance that the Town
can save the residents some money.The value of Solana needs to be determined first in order to make a
decision.
Mayor Pro Tem Edstrom would like fo know the cost to maintain and upgrade the infrastructure.Mayor Sanders
would like copies of the previous studies.Town Manager Emmons stated the overall environment and factors
have changed since the last study.Emmons would like Council's direction to solicit and accept proposals for a
study and for Council to provide a detailed list of items they want included in the study.The MUDs will only
contribute to the financial aspects of study and not to a full engineering analysis.Mayor Sanders referenced the
bipartisan study team mentioned in the ad hoc committee letler and would like the MUDs to inform the Town what
they would like to change from the original scope defined at the October 2006 meeting.Town Manager Emmons
read the minutes from the October 22,2006 meeting and stated that the MUDs were aware of the scope of the
study the Town was going to engage in.
Council member Moss would like to see Town Manager Emmons move forward and solicit costs factors for the
study so the Council can prioritize.Council member Wilson likes the idea of having the price components and
commented that the financial analysis is her biggest concern.Wilson would like to see the study team work with
the ad hoc committee,and would like Town Manager Emmons to clear up the misunderstanding with the Master
District so that everyone knows this is an unbiased study.
No action taken,input only.
0.15 Items for Future Agenda.
Staff will come back in April with the traffic study.
The reviews for the Town Manager,Town Allorney and Town Secretary will occur at the meetings in April.
Mayor Sanders asked the Council to recognize the significant staff time ordinance review and revisions require.
Council member Wilson added the solicitation ordinance.Town Manager Emmons confirmed the ordinance is
scheduled for the next meeting.
0.16 Reports.
(a)Town Manager Emmons gave his report.
(b)EDC 4A Liaison,Council member Moss gave his report.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
March 3,2008 7
EXECUTIVE SESSION
E.1 Council to convene into executive session pursuant to Texas Government Code,Annotated,
Subchapter 551,Section 551.071 (1)"Consultation With Attorney,"in order to seek the advice of
its attorney about pending or contemplated litigation:
Time entered:10:17 p.m.
(1)Quanah Properties L.P.v.Town of Trophy Club,Cause No.06722676108
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
"REGULAR SESSION
Time reconvened into Regular Session:10:28 p.m.
E.2 Discuss and take appropriate action relative to Executive Session Item Number El.
Motion made by Edstrom,seconded by Wilson directing Town Attorney Adams to proceed with response.
Motion passed unanimously without any discussion.
F.l Adjourn.
Motion made by Edstrom,seconded by Wilson to adjourn.
;;;:..ting adjO~at 10:29 p.m.
bClV??e:ftLisaRamsey,Town Secret ry
Town of Trophy Club,Texas
March 3,2008
Nick Sanders,Mayor
Town of Trophy Club,Texas
8