Agenda Packet TC 11/07/2005Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, November 7, 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."
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.
Gary Cunninghan, 16 Skyline Drive - Subject: Ordinance 2004-01, Traffic Street
Calming, section E.2, Overnight Parking
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
·Denton County Elections
Community Development:
·Road Construction
·Building Addition
·New Single-family Construction
·Marquees
·Street Superintendent
Finance:
·Annual Audit
Information System:
·No updates to report.
Parks and Recreation
·Christmas Kick Off
·Landscaping Bid Opening 12/05/05
Planning & Zoning
·DR Horton Update
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Police and Fire Services
· Explorer Activity
· Halloween Night Update
· Public Safety Advisory Group Volunteers
Municipal Utility District:
·No updates to report.
D.1 Discuss and take appropriate action regarding the retirement of Town Manager, Donna
Welsh and payment of longevity benefit.
D.2 Discuss and take appropriate action to make nominations to the DCAD Appraisal Review
Board.
D.3 Discuss and take appropriate action on the passage of a resolution approving the Cities
Aggregation Power Project's (CAPP's) letter of intent to enter into negotiations for a
capacity contract with the owner of coal (including Texas lignite) generation to supply
the base load electric power needs (approximately 55%-60% of total energy needs) for
CAPP members over a ten-year (10-year) period.
D.4 Discuss and take appropriate action appointing a task force, to work with the school
district on joint use of facilities at the future high school.
D.5 Discuss and take appropriate action regarding amendments to the restrictions of
Ordinance 2004-17, regulations and operation of motor assisted scooters.
D.6 Discuss and take appropriate action to approve Minutes dated October 24, 2005.
D.7 Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input
on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans of Marshall
Creek
3. Status of street repairs and bonds, including recommendation.
4. Public Safety Advisory Group researching ways to handle the garage sale traffic.
5. Discuss and take appropriate action by Resolution, casting all of its allocated votes
(16) for (candidates names) to serve as a member of the Denton Central Appraisal
District Board of Directors - November 21, 2005
6. Discuss and take appropriate action regarding amendment to the Schedule of Fees
2005-20 Ordinance to include the Events Fee. January 16th, 2005
7. Evaluate Park fees with consideration to association fees.
8. Discuss and take appropriate action regarding an Additional Entrance from 377.
November 21, 2005
9. Discuss and take appropriate action regarding award/rejection of landscaping bids for
Indian Creek medians as part of street construction process. December 5, 2005
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D.8 Consent agenda: Discuss and take appropriate action regarding an Interlocal Agreement
with Denton County for Ambulance Services.
D.9 Consent agenda: Discuss and take appropriate action to ratify the Mayor’s signature
approving a change to the previously approved resolution accepting the School Resource
Officer Grant.
D.10 Consent agenda: Discuss and take appropriate action regarding an Interlocal Agreement
with Denton County for Fire Services.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
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."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.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.
Gary Cunninghan, 16 Skyline Drive - Subject: Ord. 2004-01, Traffic Street
Calming, section E.2, Overnight Parking
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
·Denton County Elections
Community Development:
·Road Construction
·Building Addition
·New Single-family Construction
·Marquees
·Street Superintendent
Finance:
·Annual Audit
Information System:
·No updates to report.
Parks and Recreation
·Christmas Kick Off
·Landscaping Bid Opening 12/05/05
Planning & Zoning
·DR Horton Update
Police and Fire Services
· Explorer Activity
· Halloween Night Update
· Public Safety Advisory Group Volunteers
Municipal Utility District:
·No updates to report.
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding the retirement of Town Manager,
Donna Welsh and payment of longevity benefit.
EXPLANATION:
Longevity compensation is paid annually to regular full time employees who have completed
twelve (12) months' employment with the Municipality.
Donna’s longevity compensation will be $1,867.50.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Letter of Retirement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.2
Discuss and take appropriate action to make nominations to the DCAD Appraisal
Review Board.
EXPLANATION:
Jim Hicks has expressed interest in serving on this Board.
Pat Carr would like to serve another term.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Information Memorandum
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.3
Discuss and take appropriate action on the passage of a resolution approving the
Cities Aggregation Power Project's (CAPP's) letter of intent to enter into
negotiations for a capacity contract with the owner of coal (including Texas lignite)
generation to supply the base load electric power needs (approximately 55%-60% of
total energy needs) for CAPP members over a ten-year (10-year) period.
EXPLANATION:
This resolution will allow CAPP to enter negotiations on our behalf for the supply of coal-
generated power to reduce our energy costs over a ten-year period. Once negotiations are
complete a contract will be brought before Council for consideration. Adoption of this
resolution does not obligate the Town.
RECOMMENDATION:
Staff recommends passage.
ACTION BY COUNCIL:
bg
Attachments: 1. Information Memorandum
2. Resolution
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INFORMATION MEMORANDUM
The Local Government Code was amended in 1999 to provide for creation of political
subdivision corporations with all the powers of Texas non-profit corporations. The specific purpose of
political subdivision corporations is to aggregate the electric load of all member political subdivisions and
to contract for power on behalf of all members. Cities Aggregation Power Project, Inc. (CAPP) of which
the Town of Trophy Club is a member, was created in 2001 to prepare for electric deregulation effective
January 1, 2002. Since that date, CAPP has delivered on average more than 20% savings per year when
measured against prices the Town would have paid if the Town had stayed on the regulated price to beat
(PTB) offered by incumbent utilities through affiliated retail electric providers (REPs).
Despite well-timed and executed contracts that have delivered significant savings off the PTB,
electricity costs have climbed steadily upward with adverse impact on Town budgets. Prices have
increased because of the volatility of natural gas prices and because all REPs base their contract offers
on NYMEX gas futures prices as of a particular time and date.
While competition is theoretically possible, the conclusion reached by the CAPP Board and the
consultants that serve it is that the market reflects a rivalry between a handful of energy providers who all
use similar gas-based formulas for pricing their products regardless of actual source or actual costs.
Without a proactive stand to secure sources of power that are not exclusively dependent upon
natural gas as the means for establishing price, the Town can expect dramatic, costly and unpredictable
swings in its electric bills over the next few years. The price of electricity today is twice what CAPP
members paid in 2004. If the Town desires some electric price stability and predictability, it is necessary
to fix a set price over a long period (10 years). If the Town wants to reduce its electric bill by shifting to a
fuel source less costly than natural gas, the best opportunity today is for CAPP to commit to the output
from a specific coal plant in Texas. If CAPP does not take advantage of the opportunity in the next
several months, a similar opportunity is not likely to reappear for a number of years.
The CAPP Board of Directors has attempted several investigations and proactive strategies to
circumvent the fact that the electric retail market is at the mercy of all REPs who price electricity,
regardless of source, as if produced by natural gas. CAPP activities have uncovered a unique opportunity
to stabilize more than one-half of CAPP’s annual energy costs by contracting at a fixed price, with a small
escalator, for a 10-year period with the owner of coal-fired generation. The coal plant in question has
advanced technology and is not associated with the environmental criticisms frequently levied at coal
facilities. CAPP consultants have modeled the indicative coal generation costs available to CAPP and
have compared the costs of meeting each CAPP member’s base load needs with coal capaTown and all
residual needs with gas generation to 100% reliance on gas, assuming application of the most recent
Department of Energy long-term gas price forecast in both cases. The modeling demonstrates economic
benefit for each member above and beyond the type of savings CAPP has been able to achieve in each of
the last 3½ years from entering a long-term supply contract (10 years) with CAPP, whereby CAPP
secures coal capaTown to serve base load needs.
The Staff encourages the Town Council to approve the resolution that ratifies the decision of the
CAPP Board to move ahead with development of necessary contracts. Adoption of this resolution does
not obligate the Town contractually. The appropriate contract will be brought back to the Town for
approval at some point in the future.
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005 -
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING THE CITIES AGGREGATION POWER
PROJECT’S (“CAPP’s”) LETTER OF INTENT TO ENTER
INTO NEGOTIATIONS FOR A CAPACITY CONTRACT WITH
THE OWNER OF COAL (INCLUDING TEXAS LIGNITE)
GENERATION TO SUPPLY THE BASE LOAD ELECTRIC
POWER NEEDS (APPROXIMATELY 55%-60% OF TOTAL
ENERGY NEEDS) FOR CAPP MEMBERS OVER A TEN-
YEAR (10-YEAR) PERIOD
WHEREAS, the Town of Trophy Club (“Town”) is a member of Cities
Aggregation Power Project, Inc. (“CAPP”), a nonprofit political subdivision corporation
dedicated to securing electric power for its more than 80 members in the competitive
retail market; and
WHEREAS, said membership has resulted in average annual energy savings
over 20% off of the Public Utility Commission (“PUC”) approved price to beat; and
WHEREAS, all retail power bids from various Retail Electric Providers (REPs)
in the deregulated electric retail market have been directly linked to natural gas futures
prices; and
WHEREAS, natural gas prices have been extremely volatile and have caused
substantial increases in the price of electricity paid by the Town; and
WHEREAS, CAPP is in the process of negotiating a 10-year capacity supply
contract for the Town’s base load electric needs (approximately 55% of the Town’s total
electric energy needs) for a fixed price that should provide considerable economic benefit
and greater price stability in comparison to traditional energy contracts with REPs; and
WHEREAS, coal-fired capacity in Texas available to retail load is scarce and the
situation giving rise to the Letter of Intent reflects a unique opportunity for CAPP
members to increase savings and reduce electric price volatility; and
WHEREAS, the owner of the coal capacity needs a letter of intent by the end of
September 2005 and desires completion of a contract by December 31, 2005.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
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Section 1. The efforts of the CAPP Board to secure coal capacity for the
Town of Trophy Club’s base load electric capacity needs for a fixed price for a 10-year
period commencing in the 4th quarter of 2007 are hereby ratified.
Section 2. The Town of Trophy Club endorses the CAPP Board committing
to a letter of intent to contract for coal capacity with the understanding that:
1. CAPP will provide proof of economic benefit of coal capacity and
energy from a coal and gas mix in comparison to exclusive reliance on
energy priced on 100% gas generation coupled with a conservative
forecast of natural gas prices;
2. The Town of Trophy Club will have an opportunity to review and
approve or reject a 10-year contractual agreement to supply all the city’s
power needs; and
3. CAPP will issue bonds to secure funding of amounts necessary to
prepay the capacity portion of the coal supply contract.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 7th day ofNovember, 2005.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club
ATTEST:
_____________________________
Lisa Ramsey, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
______________________________
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.4
Discuss and take appropriate action appointing a task force, to work with the school
district on joint use of facilities at the future high school.
EXPLANATION:
Item was requested by Council member Spence at the October 3, 2005 Council meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Spence)
Attachments: 1 Resolution
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2005 -
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS AUTHORIZING THE
CREATION OF A TOWN TASK FORCE TO WORK WITH
THE NORTHWEST INDEPENDENT SCHOOL DISTRICT ON
POTENTIAL JOINT USE OF FACILITIES AT THE FUTURE
HIGH SCHOOL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local Government
Code to adopt a resolution that is for the good government of the Town;
WHEREAS, the Town has an interest in the potential joint use of facilities associated
with the high school since joint use of facilities would be beneficial to Town residents and would
be a cost effective means for providing residents with access to facilities;
WHEREAS, a Task Force can provide focus on potentially partnering with NISD to
design a facilities such as a joint use library and athletic fields that the Town and the school
could share;
WHEREAS, the Town’s partnering with NISD on joint use for facilities would provide a
source of revenue and deliver quality community services beneficial to the residents of the
Town.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas does hereby
authorize the creation of a Task Force.
Section 2. The Task Force shall consist of members from the Town of Trophy Club,
appropriate staff members and or elected officials as determined by Town Council. Such
members shall serve at the pleasure of the Town Council. By passage of this Resolution, the
Town Council nominates and elects XX as its representative member(s) serving on the Task
Force.
Section 3 XX shall serve as the liaison between the Town Council and the Task
Force. As liaison, XX shall communicate directives from the Town Council to the Task Force,
and shall at the request of the Town Council, submit reports on the project.
Section 4. The Task Force shall advise the Town Council concerning the most
efficient means of partnering with the NISD and perform other functions in accordance with a
mission statement adopted by the Task Force and/or purpose established by the Town Council.
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Section 5. This Resolution shall take effect from and after its date of passage in
accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on
this 7th day of November, 2005.
_______________________________
C. Nick Sanders
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
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding amendments to the restrictions of
Ordinance 2004-17, regulations and operation of motor assisted scooters.
EXPLANATION:
See attached Memo. Based upon Council direction, staff will draft a proposed ordinance
amendment and submit it to Council for action.
RECOMMENDATION:
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
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Town on Trophy Club
Police and Fire Services
Memorandum
To: Town Council
CC:
From: Randall C. Briggs-Director Police and Fire Services
Date: 11/4/2005
Re: Public Safety CAG Scooter Ordinance
The following are some alternatives that the Public Safety CAG discussed at their 13 October
meeting.
1. Reducing the age requirement on the streets to any licensed driver. (Their take was that
driver training was important to operate any vehicle on the public roadways).
2. The only persons who would be allowed to operate a scooter would be those who are
sixteen (16) or seventeen (17) years of age and who have a valid license issued to him or her by
the State of Texas for the operation of a motorcycle or motor vehicle on public streets and
highways.
3. Add to the ordinance a prohibition of pocket bikes and minimotorbikes.
(Pocket bike or Minimotorbike means a self-propelled vehicle that is equipped with an electric
motor scooter or internal combustion engine having a piston displacement of less than 50 cubic
centimeters, is designed to propel itself with not more than two (2) wheels in contact with the
ground, has a seat or saddle for the use of the operator, is not licensed or inspected, is not
designed for use on a highway but does not include a moped, motorcycle, electric bicycle, motor-
driven cycle, motorized mobility device, electric personal assistive mobility device or a
neighborhood electric vehicle as those are defined in the Texas Transportation Code.)
4. Prohibit a child (a person under the age of 18 according to our existing ordinance) from
operating or riding a motor assisted scooter on any public way or public property within the City,
except on paths and trails set aside for the exclusive operation of bicycles. If this alternative were
to adopted, there would be a provision that made it a violation for parent to allow their child to
ride any in of these prohibited areas.
** This alternative would change our existing ordinance which allows any child or adult to
operate a motor assisted scooter within a public park or paths and trails.
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5. If anyone under 18 wants to ride a motor scooter in Town, they would have to have a
hardship, moped, drivers or motorcycle license. A person must be at least 15 before eligible to
receive a hardship, moped or restricted motorcycle license and must have completed a drivers
class as outlined by the Texas Transportation Code.
6. Require that all scooters operated on a public street or roadway with the Town be
registered with the Trophy Club Department of Public Safety and display the registration sticker.
7. Require that all motor scooters operators that are registered within the Town of Trophy
Club show proof of successful completion of the Motorcycle Safety Foundation Basic Course or
other required course necessary for holding a license.
8. Prohibit the operation of motor driven scooters on major thoroughfares such as Trophy
Club Drive, Indian Creek Drive, Trophy Lake Drive and Trophy Wood Drive.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.6
Discuss and take appropriate action to approve Minutes dated October 24, 2005.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. October 24, 2005 Minutes
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STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Special Session on Monday, October 24, 2005. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Susan Edstrom Council Member
Scott Spence Council Member
Beverly Foley Council Member
TOWN COUNCIL MEMBERS ABSENT:
Roger Williams Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Assistant Town Manager/Finance Director
Lisa Ramsey Town Secretary
Beth Ann Gregory Community Development Manager
Patricia Adams Town Attorney
Mike Pastor IS Manager
Adam Adams Parks and Recreation Director
Randy Briggs Police and Fire Services Director
A.1 Call to order and announce a quorum.
Mayor Sanders called the Special Session to order at 7:04 p.m. noting a quorum was present.
A.2 Invocation.
Mayor Sanders 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."
Mayor Pro Tem Cates 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.
Robert Munroe, 16 Avalon Drive - Advised Council that he understands that certain issues need to be addressed in
Executive Session, but has concerns that things are being hidden from the residents when DR Horton is
discussed in Executive Sessions. Mr. Munroe also spoke against offering incentives to DR Horton to build
in Trophy Club.
Kathleen Wilson, 34 Meadowbrook Lane – Complimented staff and Council on the decision to proceed with the
traffic calming pilot project. Ms. Wilson stated that the project has proven to be very effective and urged
Council to move forward with permanent action regarding the traffic claming project.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
- Denton County Elections Administration will hold early voting on November 3rd and 4th and election
day voting, November 8th for the 2005 Constitutional Amendment and Justice of the Peace Precinct 2
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Local Option Election at the “Svore” M.U.D. building, 100 Municipal Drive. For more information please
visit: www.ci.trophyclub.tx.us
Mathew Graham corrected that Election Day is Tuesday, November 8th, not the 7th as reported.
- Master District has approved the employee services contract; also on the agenda for this evening. Revised
copies of the Town’s Personnel Policies will be provided to the Town Council for review and suggestions
and will be placed on the December 5th agenda for approval.
- The Board of Directors of the Denton County Appraisal District is requesting nominees for possible
appointment to the Appraisal Review Board. Town Council will make nominations at the November 7th
meeting. If you are interested in serving on this Board, please advise one of the Town Council members.
For qualifications and eligibility requirements please contact Lisa 682-831-4601.
Community Development:
- Road Construction: The Indian Creek project is progressing on schedule with a November 15th
completion date weather permitting. The Parks Department has gone out for bid for the landscaping of the
newly constructed medians. The bids will be brought to the Council on November 7th for consideration.
- Traffic Calming: The installation of the pilot traffic calming project on Trophy Club Drive is complete.
The Town staff has received mostly positive feedback from the residents.
- Administration Building Addition: The additional parking will be complete this week and demolition of
the existing parking lot will begin in preparation for construction.
- Electronic Marquees: The electronic marquees should be delivered in the next two weeks. We hope to
have the installation complete by November 15th.
Finance:
- The Auditors are currently conducting their first field work. They were with us all of last week and have
indicated that they will be here another two weeks.
Information System:
- Software and Systems Update
No updates to report.
Parks and Recreation:
- Facilities and Programs
Medians and Commons – Flower color change will occur this week.
Marshall Creek Park - We have received permission from the Corr of Engineers to start clearing for R/C
airfield.
Fall Festival – We had a great turnout and would like to thank all of the volunteers and residents for
participating.
Planning & Zoning:
- Zoning Submissions
DR Horton Zoning Submission: Staff has reviewed the initial request for zone change. A review letter
was sent to the applicant and a DRC meeting was subsequently held with staff and Horton's
representatives on October 5. Following that meeting, the applicant made revisions and submitted a
revised application on Thursday, October 20. Staff is currently in the process of the reviewing the
proposal.
Police and Fire Services:
· Police Services Bureau
DPS is currently developing questionnaires for an internal and external review of the Police Services
Bureau.
Public Safety Citizen Advisory Group met to discuss the revision of the scooter ordinance.
· Fire Services Bureau
Fire Service Bureau has been busy with the local schools and churches providing Fire Education Classes
during Fire Prevention Month.
Municipal Utility District:
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· Upcoming Projects
The Elevated Tank – Cingular will be replacing some antennas on the elevated tank. The tank itself is not
under repair.
B.3 Discuss and take appropriate action regarding a Proclamation recognizing the TC Trekkers, who
participated in the Breast Cancer 3-Day Walk on June 10, 2005.
Council member Edstrom made a motion to approve; Mayor Pro Tem Cates seconded the motion. The
Proclamation recognizing the TC Trekkers, who participated in the Breast Cancer 3-Day Walk on June 10,
2005, passed unanimously without any discussion.
Mayor Sanders congratulated and thanked each member of the TC Trekkers for their support of breast cancer
research and for the representation of the Town.
Patti Stolz advised that October is breast cancer awareness month and that information and bracelets would be left in
the Administration Lobby.
B.4 Discuss and take appropriate action on a Resolution authorizing the Town's participation in the America
Supporting Americans program where Towns adopt an armed services unit and provide them support.
Mayor Sanders gave a brief introduction, explaining that ASA was founded in 1981 and provides a clearinghouse
whereby cities can adopt soldiers and or companies and provide support such as letters and care packets.
Mayor Sanders informed the Council that Trophy Club resident, Lowell Strike of 7 Ross Court, daughter
called him to tell him that her husband was due to leave for his second tour in Iraq and also told him about
the ASA mission. ASA’s mission is to raise the morale of America’s brave men and women “as high as the
clouds” and to strengthen the civilian-military bond by increasing civilian understanding of the military
experience and by providing the troops with the opportunity to become directly involved with residents of a
community committed to their support. Mayor Sanders concluded his introduction by reading a quote for
Hayes Johnson, encouraging the community to get involved.
Council member Edstrom made a motion to approve the Resolution; Council member Spence seconded the motion.
The Mayor read the Resolution and opened the floor for discussion.
Council member Edstrom thanked resident, Steven Kohs for taking on such a huge undertaking agreeing to be the
primary contact for this program. Council member Spence contributed that any community support would
be a great moral boost for the soldiers currently serving.
Steven Kohs, 18 Overhill Drive, Spoke in favor of the Resolution and agreed to be the primary contact person in our
community for this program.
The Mayor acknowledged Tony and Lynn Gamron of 3 Hamper Court, the parents of Tony Gamron, currently
serving in Iraq and also Lowell Strike whose son-in-law is also currently serving his second tour in Iraq.
All were unfortunately unable to attend the meeting due to other obligations. Resolution 2005-31
authorizing the Town's participation in the America Supporting Americans program passed unanimously,
without further discussion
TOWN COUNCIL TO CONVENE INTO SPECIAL SESSION
*SPECIAL SESSION
D.1 Discuss and take appropriate action regarding a proposed draft of the employee services contract drafted by
Pam Liston, Bob West and Patricia Adams.
Assistant Town Manager, Roger Unger explained how the employee services contract originated in 1998. Mr.
Unger advised Council that recently some of the language in this contract came under question. Mr. Unger
advised that the MUDs Attorneys, Pam Liston and Bob West and Town Attorney, Patricia Adams compiled
the revised contract with the basics of the contract the same. The employees, for benefits purposes are still
represented as Town employees, for the employees who are performing solely MUD activities and who are
being paid, totally, by the MUDs, for the purpose of operations remain under the control of the MUDs.
Mayor Pro Tem Cates made a motion to approve the employee services contract; Council member Spence seconded
the motion. The floor was opened for discussion.
Mayor Sanders expressed concern with the 30-day termination clause, as it seems to him, that a 30-day notice was to
short for three groups that work so closely together. Town Attorney, Patricia Adams explained that the
Master District had concerns that in the event of a Town / MUD conflict, the MUDs would not have the
flexibility to terminate the contract.
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Mayor Pro Tem Cates questioned the consequences to the Town’s budget should the MUDs terminate in 30 days
where the budget is based on a year. Town Attorney, Patricia Adams advised that at that point, the Town
would have to make personnel decisions based on the budget in the event that the contract was dissolved.
Ms. Adams also pointed out that the old contract allowed termination at any time. Mayor Sanders acknowledged
Dean Henry, President of MUD 1 who confirmed that Master District approved this last week at their
October 13, 2005 meeting.
Mr. Unger answered Council member Foley’s question that the verbiage under compensation in Paragraph 8, ‘upon
presented a detailed listing of all incurred expenses’ was added as requested by the Master District. Mr.
Unger stated that the budget is the detailed listing, if the expense was an extraordinary amount, the Town
would seed the MUDs approved prior to spending, as would the Town expect the MUDs to do.
Motion to approve the employee services contract passed unanimously, without further discussion.
D.2 Discuss and take appropriate action regarding a Resolution memorializing the interest of the Town and of
the EDC4B to enter into an agreement to provide economic incentives to Midwest Commercial Realty.
Roger Unger began this items introduction as an agreement that was prompted by a previous request from Larry
Stewart, who is the general manager partner for the group that owns the 16 acres that lies along Highway
114, that the Town offer incentives to attract hotel businesses. EDC 4B, has since approved a Resolution
that if fully enacted, could conceivably give as much as $100,000.00, tied to certain requirements that are
based on sales tax generation, by any potential user. Mr. Unger clarified that this Resolution does not
automatically approve incentives. If a Hotel decides that they want to activate an incentive, a specific
agreement between the Hotel and EDC 4B will need to be developed and approved by both EDC 4B and
the Town Council. This resolution is simply putting the framework in place for Hotels to access potential
incentives.
Mayor Sanders called for a motion.
Council member Spence made a motion to approve the Resolution; Council member Foley seconded the motion.
Mayor Sanders called on Jim Hicks, President of EDC 4B for comment. Mr. Hick declined comment,
advising that Mr. Unger’s summarization was excellent.
Mayor Sanders asked for clarification of Exhibit A, that payment of $50,000 to be paid at the time of certificate of
occupancy, of any business that would generate $20,000 worth of annual combined sales tax, does not
specifically name hotels and rather any business. Mr. Unger confirmed that this Resolution is structured to
incentive the developer to find more than one person to occupy the space at Trophy Wood Center.
Mayor Pro Tem Cates advised that she is concerned that the Town is not going to adequate study that a business
requesting these incentives will be able to generate this type of sales tax.
Council member Spence stated that this Resolution would be continuous to what has already been started and should
be viewed as an enticement for good business to come to Trophy Club.
Council member Edstrom mentioned that she has a problem with issuing these incentives at the time that the
Certificate of Occupancy when the business may not be opened in twelve months, yet they walk away with
$50,000.00 dollars and the Town does not receive the $20,000.00 of sales tax. Council member Edstrom
reiterated that she is not in favor of issues incentives when the Certificate of Occupancy is issued and
would like to see the pay out done differently.
Motion to approve Resolution 2005-32, memorializing the interest of the Town and of the EDC4B to enter into an
agreement to provide economic incentives to Midwest Commercial Realty tied 2:2, with Mayor Pro Tem
Cates and Council member Edstrom voting against. The Mayor encouraged the Council to reconsider their
vote and called for the vote a second time. The vote tied the second time with Mayor Pro Tem Cates and
Council member Edstrom voting against. The vote passed the third time 3:2 with Mayor Sanders, Council
member Spence and Foley voting for and Mayor Pro Tem Cates and Council member Edstrom voting
against.
D.3 Discuss and take appropriate action regarding a Resolution to appoint one candidate to serve on the Board
of EDC 4B.
Mayor Sanders announced that the appointment is for the vacancy created by the resignation of Andrew Hayes.
Council member Edstrom made a motion to appoint Damian Olthoff to EDC 4B; Council member Spence
seconded the motion. The floor was opened for discussion. Jim Hicks, president of EDC 4B advised that
Mr. Olthoff is an excellent candidate. Motion to approve Resolution 2005-33, appointing Damian Olthoff
to EDC 4B passed unanimously.
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D.4 Discuss and take appropriate action to approve Minutes dated, October 3, 2005.
Council member Spence made a motion to approve Minutes dated October 3,2005; Mayor Pro Tem Cates seconded
the motion. Motion passed 3:0:1, with Council member Edstrom abstaining.
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.5 Consent agenda: Discuss and take appropriate action to approve financials dated September 2005.
Council member Foley made a motion to approve Consent agenda, item D5; Council member Spence seconded the
motion. Motion passed unanimously.
D.6 Additional Information for Council as provided by the Department of Police and Fire Services.
D.7 Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek
Parks and Recreation Director, Adam Adams advised that currently proceeding with budget plans from
last year and suggested the possibility of bringing in a Park Planner as an independent contractor.
3. Status of street repairs and bonds, including recommendation.
4. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates
names) to serve as a member of the Denton Central Appraisal District Board of Directors. (November
21st, 2005)
5. Mayor Sanders requested, discussion and appropriate action for signage on Indian Creek indicating one-
lane streets.
Mayor Sanders requested that this item be removed and advised that it was mentioned only as a comment
and that currently the Town is not budgeted for signage.
6. Mayor Pro Tem Cates requested the Public Safety Advisory Group to start researching ways to handle
the garage sale traffic.
7. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to
include the Event Fees. (January 16th, 2005).
8. Evaluate Park fees with consideration to association fees.
9. Task Force nominating 5 people to work with NISD on a joint use committee. (November 7, 2005)
10. Discuss and make nominations to the DCAD Appraisal Review Board.
Mayor Sanders requested to add one item as he was recently approached by Commissioner Carter in reference to
discussion between the school district and the county about a road going in behind 377 and the future site
of the high school property.
Discuss and take appropriated action of future road between Highway 377 and Marshall Creek as being proposed by
the School District.
Mayor Pro Tem Cates questioned Roanoke’s involvement as some of this land belongs to them. Council member
Spence questioned if we can spend the Town’s taxpayer money outside of the Town. Council member
Foley questioned what if any portion of Marshall Creek road belongs to Trophy Club.
Community Development Director, Beth Ann Gregory advised that per her meeting with Dennis
McCreary/Assistant Superintendent of Support Servies, the portion of Marshall Creek road that will connect to the
High School will be paid for by the High School. The piece of land that they are short of funds for is the section
north of Trophy Club, going up to Highway 377. Town Attorney, Patricia Adams and Ms. Gregory will present
Council with more information at the November 7th meeting.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
EXECUTIVE SESSION
Town Council convened into Executive Session at 8:13 p.m.
E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.087 (2) "Deliberation
Regarding Economic Development Negotiations", Section 551.074 "Personnel Matters", and Section
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551.071 (b) "Consultation with Attorney", the Council will enter into executive session to discuss the
following:
(A) To discuss or deliberate the offer of financial or other incentives to a business prospect that the Town
seeks to have locate within the territory of the Town pursuant to Section 551.087 (2) of the Texas
Open Meetings Act and For Consultation with the Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflict with the Open Meetings Act (§551.071 (b)).
(1) Financial and other incentives for the proposed D.R. Horton/Beck Properties mixed use
development and legal advice regarding the proposed development, zoning and platting, potential
economic incentives and contractual agreements, potential contracts for water and wastewater
services, traffic impact, ordinance requirements, and matters related to the proposed development.
(B) To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.07 4 (a) (1) of the Texas Open
Meetings Act and for Consultation with the Town Attorney on a matter in which the duty of the
Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly conflict with the Open Meetings Act (§551.071 (b)).
(1) Future retirement of Town Manager Donna Welsh, retirement benefits and related matters,
employment, duties, and transition for Town Manager position and legal advice related to same.
TOWN COUNCIL TO RECONVENE INTO SPECIAL SESSION
*SPECIAL SESSION
Town Council reconvened into Special Session at 10:16 p.m.
E.2 Discuss and take appropriate action relative to Executive Session Item Number E1.
Council member Edstrom made a motion to direct Town Attorney, Patricia Adams to proceed as directed by Council
in executive session; Mayor Pro Tem Cates seconded the motion. Motion to passed unanimously without
discussion.
F.1 Adjourn.
Council member Edstrom made a motion to adjourn; Council member Foley seconded.
Meeting stood adjourned.
___________________________________
Mayor, Town of Trophy Club
__________________________________
Town Secretary, Town of Trophy Club
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.7
Items for Future Agenda.
1. Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
2. Discussion and appropriate action for Parks and Recreation future plans
of Marshall Creek
3. Status of street repairs and bonds, including recommendation.
4. Public Safety Advisory Group researching ways to handle the garage
sale traffic.
5. Discuss and take appropriate action by Resolution, casting all of its
allocated votes (16) for (candidates names) to serve as a member of the
Denton Central Appraisal District Board of Directors - November 21, 2005
6. Discuss and take appropriate action regarding amendment to the
Schedule of Fees 2005-20 Ordinance to include the Events Fee. January 16th,
2005
7. Evaluate Park fees with consideration to association fees.
8. Discuss and take appropriate action regarding an Additional Entrance
from 377. November 21, 2005
9. Discuss and take appropriate action regarding award/rejection of
landscaping bids for Indian Creek medians as part of street construction
process. December 5, 2005
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.8
Consent agenda: Discuss and take appropriate action regarding an Interlocal
Agreement with Denton County for Ambulance Services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(rcb)
Attachments: 1. Interlocal Cooperation Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.9
Consent agenda: Discuss and take appropriate action to ratify the Mayor’s
signature approving a change to the previously approved resolution accepting the
School Resource Officer Grant.
EXPLANATION:
The State of Texas Governor’s Office contacted us and requested that we resubmit the Town’s
resolution agreeing to the School Resource Officer Grant due to the following reasons:
1. The grant funding source had changed from the original to Safe and Drug Free Schools
and Communities (SDFSC)
2. There are no matching fund requirements.
The resolution was revised as requested by the Governor’s Office, but due to the deadline for re-
submission of the resolution, staff requested that the Mayor sign the revised resolution and then
submit that action to Council to ratify the Mayor’s signature. The change made to the Resolution
was beneficial to the Town since it eliminated the requirement that the Town pay matching
funds.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(RCB)
Attachments: 1. Information Memorandum
2. Resolution
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TOWN OF TROPHY CLUB
RESOLUTION 2005-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS,
APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE SCHOOL RESOURCE
OFFICER PROGRAM FOR THE 2005-2006 FISCAL YEAR AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of
Town of Trophy Club that the School Resource Officer Program be operated for the 2005-2006
fiscal year; and
WHEREAS, The Town of Trophy Club agrees to abide by any and all such rules or
special conditions as required by the Safe and Drug-Free Schools and Communities (SDFSC)
program grant application; and
WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the
Criminal Justice Division funds, The Town of Trophy Club assures that the funds will be
returned to the Criminal Justice Division in full; and
WHEREAS, The Town of Trophy Club designates Randall C. Briggs, Director of Police
and Fire Services as the grantee’s authorized official. The authorized official is given the power
to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Section 1. That The Town of Trophy Club approves submission of the grant
application for the School Resource Officer Program to the Office of the Governor, Criminal
Justice Division;
Section 2. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 7th day of November, 2005.
___________________________________
Mayor
Town of Trophy Club, Texas
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ATTEST:
_______________________________
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.D.10
Consent agenda: Discuss and take appropriate action regarding an Interlocal
Agreement with Denton County for Fire Services.
EXPLANATION:
Annual inter-local agreement with Denton County for Fire Services.
RECOMMENDATION:
Staff recommends approval
ACTION BY COUNCIL:
(RCB)
Attachments: 1.Attache Interlocal Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 11-7-2005
Subject: Agenda Item No.F.1
Adjourn.
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