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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 Sianature Name (Print) AWL rq -OVA IMP ! W.OA paw- "IM /- I��r*7if/I Signature Name (Print) Address _ L, k'vs z et Ck, i 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. A� CA -114) MAY R PRO TEM C_ TOWN SECRETARY M42099JH