Minutes TC 04/20/1999REGULAR TOWN COUNCIL MEETING/WORKSHOP
MINUTES FOR THE
TOWN OF TROPHY CLUB
APRIL 20, 1999
WORKSHOP SESSION
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club met in regular session on Tuesday, April 20, 1999. The
meeting was held within the Town and was open to the public.
COUNCIL MEMBERS PRESENT:
Marshall Engelbeck
Kay Pratt
Kevin Carr
Susan H. McCabe
Ben Brewster
STAFF AND GUEST(S) PRESENT:
Donna Welsh
Diane Cockrell
Jim Buxton
Cathy Morgas
Bill LeGrand
Barbara Allen
David Miller
Roger Unger
Mayor Pro Tem
Council Member
Council Member
Council Member (arrived at 7:30 p.m.)
Council Member (arrived at 6:45 p.m.)
Town Manager
Town Secretary
Finance Director
Planning Director
Director of Public Works
Court Administrator
Director of DPS
MUD Manager
CALL TO ORDER AND ANNOUNCE A QUORUM FOR WORKSHOP.
The workshop was called to order at 6:38 p.m., noting a quorum was present.
DISCUSSION OF REGULAR AGENDA ITEMS
Jim Buxton and Chris Rutledge gave information regarding the audit. Roger Unger gave information
regarding Country Club problems regarding effluent water.
ITEMS OF INTEREST TO THE COUNCIL
None at this time.
ADJOURN WORKSHOP SESSION
Page 2 Regular Session/Workshop April 20, 1999
REGULAR SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Pro Tem Engelbeck called the meeting to order at 7:33 p.m., noting that a quorum was present.
INVOCATION.
Barbara Tweedie gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG:
Dave Robison led the pledges.
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 ANY PRESENTA TIONMADE TO
THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE
COUNCIL WILL HEAR PRESENTATION ON SPECIFIC AGENDA ITEMS PRIOR TO THE
COUNCIL ADDRESSING THOSE ITEMS.
There were no citizen presentations at this time.
PRESENTATION BY BILLY HUGHES, CHAIRMAN OF PARKS AND
RECREATION COMMITTEE, TO THE ECONOMIC DEVELOPMENT CORPORATION FOR
DEDICATING FUNDS TO HELP ESTABLISH RAINBOW RUN PARK.
Economic Development Corporation past President, Robert Burns, and present Vice President, Pam
Cates, received a plaque presented by Billy Hughes, Parks and Recreation Chairman, and Dan Gordon, a
Parks and Recreation Board member, recognizing the Economic Development Corporation for their
assisting Trophy Club funding for the playground equipment at Rainbow Run.
TOWN COUNCIL TO HEAR PRESENTATION BY JIM BUXTON, DIRECTOR OF FINANCE,
AND CHRIS RUTLEDGE, OF RUTLEDGE, CRAIN &, COMPANY, PC., ON THE AUDIT
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, AND TAKE APPROPRIATE
ACTION.
Jim Buxton, introduced Chris Rutledge, of Rutledge, Crain & Company, who explained steps taken to
prepare for Y2K. Council Member Brewster made the motion to accept the audit. Council Member Pratt
seconded; motion passed unanimously.
TOWN COUNCIL TO HEAR PRESENTATION BY LARRY HAYES, TROPHY CLUB
COUNTRY CLUB GENERAL MANAGER, ON MAINTENANCE OF THE POND ON HOLE 18
AT THE COUNTRY CLUB AND TAKE APPROPRIATE ACTION REGARDING THE
CITIZEN'S PETITION RECORDED AT THE APRIL 6, 1999 COUNCIL MEETING.
Pest Control Petition
To our elected representatives:
We, the undersigned property owners and residents of Avenue Twenty and Oak Hill Drive, situated in
the Town of Trophy Club, reside adjacent to and border a lake owned by The Meditrust Companies,
operated by the Cobblestone Golf Group and is commonly referred to as "the lake next to the Trophy
Club Country Club."
We express the community need for Cobblestone Golf Group to immediately initiate aggressive action
to control the large mosquito and midge population. This directly relates to the preservation of public
health, property values, and enjoyment for residents in the area.
There is a well documented public need to be protected from mosquito annoyance and the important
human and veterinary pathogens they transmit, e.g., encephalitis and doy, heartworm. Midges are
equally annoying when they arrive at sunset in huge swarms. Piles of midges, several inches deep,
accumulate in undesirable places and generate a stench similar to dead fish. These unwanted insects
invade our homes.
This expanse should be a source of beauty, community pride and heightened property values. Instead,
it is a breeding ground for vast swarms of insects and tall weeds. Cobblestone Golf Group has
demonstrated an inability to responsibly manage this property. It is time for the Town of Trophy Club
to take corrective action.
We hereby petition the Town of Trophy Club to declare this area a public nuisance and require
Cobblestone Golf Group to operate the lake in a manner that will prevent the spawn of mosquitoes and
midges. We petition the Town of Trophy Club to enforce its' weed control ordinance on this property
to control the surrounding adult mosquito and midge habitat.
We formally request the Town of Trophy Club to employ all resources available to make the following
occur:
Preclude mosquitoes and midges from spawning in the lake.
a) Install and maintain a quantity of aeration units, properly sized for the lake.
b) Introduce and cultivate a beneficial fish population to eliminate insect larvae.
C) Excavate the southwest corner of lake to eliminate swamp -like breeding area.
d) Maintain the lake's water level, thereby eliminating the vast, shallow, stagnant
waters in which mosquito and midge larvae thrive. MUD to discontinue diverting
effluent flow away from the lake, unless water is actively entering the spillway.
Limit Cobblestone Group from pumping more than 500,000 gallons of water per
day out of the lake, unless water is actively entering the spillway.
2. Control adult mosquito and midge habitat. The Town of Trophy Club shall treat
Cobblestone Golf Group like other Trophy Club property owners with respect to weed
ordinance (97-08). This ordinance makes it unlawful to allow weeds, grass or any plant
that is not regularly cultivated to grow to a height greater than twelve (12) inches. Repeat
offenses should immediately result in a citation, court action and applicable fines.
Note: This petition is applicable to Cobblestone Golf Group or successor, ClubCorp.
Pest Control Petition
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Page 3 Regular Session/Workshop April 20, 1999
Larry Hayes, TCCC General Manager, addressed the Council regarding the problem with the pond on the
golf course. The Country Club is mowing, spraying, and has received the money for an aeration system
to be installed. This system sits on the floor of the pond and bubbles up and is suppose to turn the pond
water over every 13-14 hours.
Mr. Hayes is trying to maintain the banks of the pond at 12 inches and they have sprayed Orthene (an
insecticide) and hopefully, it will work. He is also having the property surveyed which will be completed
by May 1.
Mr. Hayes checked with Roger Unger regarding putting chemicals in the pond. He has some concerns as
to whether that is legal. He understands TNRCC has very strict regulations. The Country Club is open
for any suggestions and they want to exceed in anything the Town asks them to do.
Roger Unger stated that the TNRCC views that pond as a non -life sustaining pond due to the wastewater
discharge to that pond. If fish were added to the pond, the pond would be considered habitable for life
and if the Town port any kind of chemicals in the pond, TNRCC permission would be needed.
The following residents addressed the Council.
Mike Strung, 261 Oak Hill.
Bill Armstrong, 18 Avenue 20.
Council Member Carr made the motion to carry this item to the May 4, 1999, Town Council agenda.
Council Member McCabe seconded; motion passed unanimously.
TOWN COUNCIL TO OBSERVE AND TAKE ACTION ON THE PRESENTATION BY GENE
HILL, CHAIRMAN, OF THE CORPS OF ENGINEER TASK FORCE, REQUESTING
APPROVAL OF A PETITION TO THE CORPS OF ENGINEERS TO PROCEED WITH A
LEASE ON CORPS' PROPERTY AT THE NORTHEAST CORNER OF TROPHY CLUB. THE
LAND IS TO BE USED FOR RECREATION AND PARK PURPOSES, IF ACQUIRED.
Gene Hill gave an overview of the Corps' property that is under consideration for leasing 383 acres. He
provided the Council with a handout. Mr. Hill is requesting pre -lease action. Then the task force will
come back to discuss the pre -lease with the Council and ask for permission for formal request.
Council Member Pratt made the motion to approve the request to proceed with pre -leasing. Staff is then
recommended to come back with how to proceed with a financing plan for the task force considering
budget restraints. Council Member Brewster seconded; motion passed unanimously.
PRESENTATION BY ROGER UNGER, MUD MANAGER, ON NET PRESENT ANALYSIS
VALUE IN RESPONSE TO COUNCIL REQUEST. (COUNCIL MEMBER BREWSTER)
Ben Brewster requested that staff do a net present value analysis because there was two financial planning
models presented at the last council meeting.
Roger Unger, MUD Manager, explained net present value analysis is a financial analysis when you are
comparing multiple projects. Mr. Unger has an MBA in Finance and he has taught real estate and real
estate finance at North Texas State. Mr. Unger used the scenario of a winning lotto ticket. Do you want
the $20,000,000 paid out over 20 years or do you want to take the lump sum of $7,000,000. If you have
Page 4 Regular Session/Workshop April 20, 1999
$7,000,000 today, what is it worth to you in 20 years at a given interest rate. What net present value
attempts to do is to take a series of cash flows spread over a series of years and tell you what it is worth to
you today. Calculation by adding the initial investment represented as negative cash flow in most cases
to the present values of the anticipated cash flows at an interest rate of our determination, and the net
present value indicates the results of the investment. If net present value is positive, the financial value of
investors' assets would be increased and the investments financially attractive. If net present value is
zero, you're indifferent; and if the net present value is negative, it's a bad deal. The greater the net
present value, the more desirable the investments.
Mr. Unger stated his charge was to determine if the finance committee model was more advantageous
from a financial standpoint for the residents of Trophy Club. This analysis makes no attempt to address
questions concerning practicality of one model over the other. There was no disagreement between the
Tomlin's plan and the Finance Committee plan on revenues resulting from the construction of the Loop
Road. The only thing he was analyzing was the pay out stream. He made no attempt to address the
impact stretching out the construction over a four year time which was what the Tomlin plan did versus
the start to finish program. Nor did he make any attempt to assign values to the increased costs associated
with the current maintenance of Town infrastructure and equipment while diverting all available funds to
the Loop Road which was one of the intents of the Tomlin plan that we use all spare funds and pay for the
road up front. The net present value analysis makes the assumption you have several investment options.
When selecting one option, you forgo all others.
hi selecting an interest rate to be used in the computation, you must consider the potential return that
could be safely achieved in the other options. In the case of a municipality, your other options could be to
invest the access revenue in an interest bearing account, utilize the revenues for other projects that
enhance the quality of life, or return the excess revenue to the citizens in the form of lower taxes. The
interest rate used for the computation depends on which one of these options is selected. Mr. Unger had
chosen to compute the net present value of three different interest rates, 5.25%, 6%, and 7%. These
interest rates fairly represent the three respective alternative options presented above.
Mr. Unger chose to perform the net present value analysis at 10 years to conform to the V ision 2008 plan
and at 20 years to conform to the life of a 20 -year bond. Under normal use of the NPV, analysis, an
assumed sale would have occurred in the 6 to 10 ten year time frame.
Mr. Unger then explained to the Council his net value analysis of the two different planning models and
presented the Council with a printout of his presentation.
COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO ADOPT A PLANNING
MODEL THAT SETS OUT THE METHODOLOGY FOR LONG TERM FINANCIAL
PLANNING FOR THE TOWN. (COUNCIL MEMBER BREWSTER)
Council Member Brewster made the motion to approve the use of the Financial Committee planning
model that sets out the methodology for long term financial planning for the Town. Council Member
Carr seconded. The motion passed with Council Members Engelbeck, Carr, McCabe and Brewster voting
for; and Council Member Pratt abstaining.
Page 5 Regular Session/Workshop April 20, 1999
TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE
APPOINTMENT OF ADDITIONAL MEMBERS TO THE UTILITY FRANCHISE TASK
FORCE.
A. DON COTTON, PLANNING AND ZONING LIAISON
B. LE KEOUGH, 28 SKYLINE DRIVE
Council Member McCabe made the motion to appoint Don Cotton and Le Keough to the Utility
Franchise Task Force. Council Member Brewster seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TROPHY CLUB, TEXAS WHEREBY THE TOWN OF TROPHY CLUB,
TEXAS AND METRICOM, INC. AGREE THAT, FOR THE PURPOSE OF INSTALLING AND
MAINTAINING METRICOM'S WIRELESS DIGITAL DATA COMMUNICATIONS RADIO
NETWORK KNOW AS RICHOCHETO, METRICOM MAY LOCATE, PLACE, ATTACH,
INSTALL, OPERATE AND MAINTAIN RADIOS ON FACILITIES OWNED BY THE TOWN
OF TROPHY CLUB, AS WELL AS FACILITIES OWNED BY THIRD PARTIES, LOCATED IN
MUNICIPAL RIGHTS-OF-WAY; PROVIDING AN INDEMNITY CLAUSE, SPECIFYING
GOVERNING LAWS; PROVIDING FOR A RELEASE OF ALL CLAIMS UNDER PRIOR
ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN
ACCEPTANCE OF THIS ORDINANCE BY METRICOM, INC.; AND PROVIDING FOR A
TERM AND AN EFFECTIVE DATE.
This item will be tabled and discussed until after the Franchise Committee has completed its charge.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TROPHY CLUB, TEXAS CREATING AND ESTABLISHING A
MUNICIPAL COURT; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE
JUDGES, COURT CLERK, AND ALTERNATE CLERKS; PROVIDING FOR THE FILLING
OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND CLERK;
PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE APPEARANCE
OF ANY PERSON SUMMONED OR ORDERED TO APPEAR IN THE MUNICIPAL COURT
FOR VIOLATION OF A STATE STATUTE, TOWN ORDINANCE OR OTHER LAW OR
REGULATIONS; AUTHORIZING THE MUNICIPAL COURT CLERK TO FILE A
COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH
THE OFFENCE OF FAILURE TO APPEAR; ESTABLISHING A NON-REFUNDABLE
DRIVING SAFETY FEE; ESTABLISHING AND IMPOSING A WARRANT FEE OF $25.00 FOR
THE ISSUANCE AND SERVICE OF AN ARREST WARRANT WHEN A DEFENDANT IS NOT
CONVICTED OF A CLASS C MISDEMEANOR AND A WARRANT FEE OF $35.00 FOR
EXECUTING OR PROCESSING AN ISSUED ARREST WARRANT OR CAPIAS WHEN A
DEFENDANT IS CONVICTED OF A CLASS C MISDEMEANOR; DESIGNATING THE
FUNDS INTO WHICH SUCH FEES ARE TO BE PAID; REPEALING ORDINANCE NO. 98-03
RELATING TO THE MUNICIPAL COURT EXCEPT AS PROVIDED FOR HEREIN;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DECLARING AN
EFFECTIVE DATE.
Page 6 Regular Session/Workshop April 20, 1999
Council Member McCabe made the motion to approve the ordinance with the changes to add that both
judges are Texas licensed and pay for the alternate judge. Council Member Pratt seconded; motion
passed unanimously.
CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM ARE
CONSIDERED TO BE ROUTINE BY THE TOWN COUNCIL AND WILL BE ENACTED BY
ONE MOTION. THERE WILL NOT BE A SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
A. MAYOR PRO TEM ENGELBECK TO READ A PROCLAMATION PROCLAIMING
MAY, 6, 1999 AS "A DAY OF PRAYER IN TROPHY CLUB."
B. MAYOR PRO TEM ENGELBECK TO READ A PROCLAMATION PROCLAIMING
MAY 6-12,1999 AS "NATIONAL NURSE APPRECIATION WEEK" IN THE TOWN OF
TROPHY CLUB.
Council Member Pratt made the motion to accept the consent agenda. Council Member Brewster
seconded; motion passed unanimously. Mayor Pro Tem read the National Day of Prayer Proclamation
and presented the proclamation to Irma Thomas. Council Member Brewster read the National Nurses
Week proclamation.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING FOR THE APPOINTMENT OF A
CITY ATTORNEY; PROVIDING FOR THE APPOINTMENT OF ASSISTANT CITY
ATTORNEY(S); REPEALING PREVIOUS ORDINANCES IN CONFLICT; AND PROVIDING
FOR PUBLICATION AND AN EFFECTIVE DATE.
Council Member McCabe moved to adopt the Ordinance as presented. Council Member Carr seconded;
motion passed unanimously.
STAFF REPORTS
Bill LeGrand, Public Works Director, reports that the work on Skyline and Timber Ridge Drive is moving
right along. On Monday, they will start removing the pavement on Timber Ridge Drive, then move over
to Skyline drive. Jimmy Moffett approached Mr. LeGrand regarding his Eagle Scout Program that he is
asking the Town to donate flags for proper retirement. In order to get his merit badge, this is the project
he chose. The town donated two flags to him and he may get a third flag by the end of the month. He
hopes to turn this project in by the middle of May. He needs 25 flags. He is getting these flags from
Roanoke and Trophy Club. He is asking for citizens and schools to donate also.
Jim Buxton, Finance Director, reported that staff has budget workshops and he will call chairs of the
committees to remind them.
Diane Cockrell, Town Secretary, reported early voting hours. We have had approximately 60 early
voters. We have early voting this Saturday from 8 a.m. - 12 noon., and early voting ends next Tuesday at
Page 7 Regular Session/Workshop April 20, 1999
5:00 p.m. Our new attorney firm does Council training. They are going to be conducting that on Friday,
June 4, in Denton at the Radisson from 9 a.m. - 3 p.m. Brochures will be forwarded to the Town to see if
this is something the Council would want to attend.
Cathy Morgas, Planning Director, reported over the course of the last several weeks, there have be
preliminary discussions with the developers of Trophy Lake and Hwy 114. We are planning two sessions
with Planning and Zoning and will come to Council the last meeting in June. The preliminary talks were
with a Realty company who is handling Tom Thumb and Walgreens. Planning and Zoning meeting will
be open meetings with the first one being a workshop.
Donna Welsh, Town Manager, reported that she was misquoted in the Keller Citizen, about the ground
breaking for Tom Thumb. She stated that this item would likely be coming to the Council on July 1 and
they printed that the ground breaking would be July 1. She also has the plans for the baseball fields. She
will give that information to Bill LeGrand with possible ground breaking this fall.
COUNCIL PRESENTATIONS
Council Member Carr asked that the Town Staff go forward on developing the ball fields.
Council Member McCabe has received frantic phone calls from citizens on the west side of town
regarding Tom Thumb and Walgreen. She asked that the citizens attend the Planning and Zoning
meetings to stay informed and show an interest. The Council needs to be aware that a past elected official
is making phone calls to certain other election officials regarding appointment of open positions, should
they arise in the Town. She hopes the individuals who are contacted will remember what was discussed
at the last Council meeting regarding if other positions open up after the election as to what the process
would be. Home Rule Charter members need to act like adults and not attack other members.
Council Member Brewster bid a fond farewell to Kay Pratt, since she will not be able to be at the next
meeting.
Council Member Pratt made the motion to adjourn at 10:33 p.m. Mayor Pro Tem Engelbeck seconded;
motion passed unanimously.
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MAY R PRO TEM
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TOWN SECRETARY
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