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Minutes TC 05/02/2000MINUTES OF TOWN COUNCIL WORKSHOP/ REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MAY 2, 2000 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas met in workshop/regular session on Tuesday, May 2, 2000. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Ben Brewster Susan Edstrom Bill Matthai Scott Smith Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Cathy Morgas Jim Buxton David Neal WORKSHOP SESSION Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary MUD Manager Planning Director Finance Director Chairman Ways & Means WORKSHOP SESSION CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Engelbeck called the workshop to order at 6:34 p.m., noting a quorum was present. DISCUSSION OF REGULAR AGENDA ITEMS. Council discussed items of the agenda. ADJOURN WORKSHOP SESSION: Mayor Engelbeck adjourned the workshop at 7:18 p.m. TOWN COUNCIL PRESENT: Marshall Engelbeck Ben Brewster Susan Edstrom Bill Matthai Scott Smith Barb Tweedie REGULAR SESSION Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Page 2 Workshop/Regular Session STAFF AND GUEST(S) PRESENT: Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger MUD Manager CALL TO ORDER AND ANNOUNCE A QUORUM: May 2, 2000 Jim Buxton Finance Director David Miller Director of DPS Tiffany Haertling Town Attorney Mayor Engelbeck called the regular meeting to order at 7:32 p.m. noting a quorum was present. INVOCATION: Council Member Tweedie gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAGS: Council Member Matthai 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 OR DISCUSS ANY PRESENTATION MADE 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: The following addressed the Council: Chris Clark of 11 Palmetto Ct. Hayden S. Miller 36 Fair Green Dr. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). EDITORIAL REVIEW BOARD — CYNDI HUIZENGA Noted correction of May 2 as ending early voting date. PLANNING & ZONING COMMISSION- DON COTTON No report ZONING BOARD OF ADJUSTMENTS - ROGER UNGER No report INFORMATION SYSTEMS/INFORMATION TECHNOLOGY- LINN BROWN Susan Edstrom will have strong committee with addition of new members. WAYS AND MEANS COMMITTEE — DAVID NEAL Will report later. REGULAR SESSION: TOWN COUNCIL TO CONSIDER A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION REGARDING: AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS A 74.956 ACRE TRACT OF LAND FROM ITS CURRENT ZONING TO PD PLANNED DEVELOPMENT 922 FOR SINGLE FAMILY RESIDENTIAL; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT 422 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Page 3 Workshop/Regular Session May 2, 2000 The following addressed the Council Randy Kellar 32 Fairgreen Dr. Michael Juliano 34 Fairgreen Dr. Don Himes 57 Meadowbrook Dr. Dan Boutwell, Municipal Planning Resources, explained this planned development. It was approved by the Planning and Zoning Commission to forward to the Council. He discussed comments raised by residents. He also added that the Comprehensive Plan was put into effect by public hearings. Mayor Pro Tem Brewster moved to approve Ordinance as written, Council Member Edstrom seconded John Harbin, of Beck Properties shared that the houses will be priced at $400,000 and up. Some communities are getting numerous gated communities. Tiffany Heartling, Town Attorney added that if this is approved tonight the council will not be reviewing lot sizes, set backs and other zoning issues. The only thing they will review is the plats. John Harbin shared the changes to allow additional green space and parking spaces. Council Member Matthai made a motion to amend the original motion with the revision replacing Exhibit B page 23 with Exhibit B page 22 of the agenda packet. Seconded by Council Member Tweedie; passed unanimously. Mayor Engelbeck called for a vote on the original Ordinance as amended. Passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE PRELIMINARY PLAT FOR THE 7.677 ACRE TRACT KNOWN AS WATERS EDGE (a, HOGAN'S: GLEN, PHASE 1, PD 22: Council Member Matthai made a motion to approve the preliminary plat. Council Member Smith seconded. Motion carried, unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE FINAL PLAT FOR THE 7.677 ACRE TRACT KNOWN AS WATERS EDGE (a7 HOGAN'S GLEN, PHASE 1, PD 22: Council Member Matthai made a motion to approve, seconded by Mayor Pro Tem Brewster. Council Member Edstrom made a motion to amend the motion to include "no building permits shall be issued until final construction plans have been approved by the Town", seconded by Council Member Matthai. Amendment passed, unanimously. Original motion with amendment passed, unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A "PARKS" VOLUNTARY CONTRIBUTION FUND: This agenda item was tabled, TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING INDIVIDUAL BILLING FOR TRASH PICK-UP TO BE INCLUDED ON THE MONTHLY WATER BILL STARTING IN APRIL: This agenda item was tabled. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR A SUNDAY WORK PERMIT TO OPERATE HEAVY EQUIPMENT, MACHINERY OR APPARATUS FOR EXCAVATION, CONSTRUCTION, GRADING, EARTH MOVING, PAVING, CEMENT LAYING OR POURING, DRILLING OR WORK OF ANY NATURE, FOR A TIME PERIOD OF SIX (4) WEEKS, AT THE TROPHY CLUB PLAZA, PD -21, LOCATED TO THE NORTH OF STATE HIGHWAY 114, THE EAST OF TROPHY LAKE DRIVE AND TO THE SOUTH OF TROPHY CLUB DRIVE: Lynn Hale of 18 Sonora Drive addressed the Council. age 4 Workshop/Regular Session May 2, 2000 Mayor Pro Tem Brewster moved to deny variance, seconded by Council Member Edstrom. Adrian Grimes of W.B. Kibbler requesting this extension because of the 97 days since starting project we have lost 37 day of work due to weather. Contractor is five weeks behind schedule. Mayor Pro Tem Brewster stated that we need to curb the invasion of the resident's lives. Development is important to the Town, but there are some limits and we should consider resident's request for relief to the noise. Council Member Matthai asked if extending work hours during the week 7 a.m. to 8 p.m. during Monday through Friday and 7 a.m. to 6 p.m. Saturday, this extension would last four weeks. Mayor called for vote in regard to the original motion, to deny variance, passed unanimously. Council Member Matthai made a motion to provide an extension of one hour a day 5 days a week for four weeks, seconded by Council Member Tweedie. Those in favor: Council Members Matthai and Tweedie. Those opposed: Mayor Pro Tem Brewster, and Council Members Smith and Edstrom. Consensus of the Council was not to allow the extension of hours. TOWN COUNCIL TO HEAR A REPORT ON THE ADVANTAGES / DISADVANTAGES OF COUNTY DEVELOPMENT DISTRICTS: Mayor Engelbeck read letter from Commissioner Jim Carter into the record May 2, 2000 The Honorable Marshall Engelbeck Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 RE: County Development District Dear Mayor, Please read my comments into the record at the agenda placement regarding County Development Districts. I am unable to attend the Council meeting tonight as 1 am out of the city on business. I wish to thank the council for discussing the possibility of a County Development District. It is not my purpose to intimate a CDD for Trophy Club, as they require a considerable time commitment on the Count's part. I broach the subject as an alternate method for funding the "Loop road" without burdening the existing taxpayers. A CDD is the fairest tax since it is paid only by the residents that benefit from the use of the facilities. Residents that purchase property in a CDD are required to acknowledge the additional tax before purchasing the property. Another advantage is existing residents of the town or county are not liable for bonds issued by CDD's. CDD's have been proven legal for use in residential developments. I just confirmed that argument with the author of the legislation. A golf course is certainly a tourist attraction. Denton County will be unable to participate in CDD's as soon as the 2000 census data is official. A number of developers are making requests for consideration to the county before the data is released. A CDD for Trophy Club is a moot point since they have to be initiated by the developer. The county will not approve a CDD unless the municipality where the district is located agrees with the formation. Information regarding CDD's is enclosed. The County has funds available to fund a portion of the road. If I can be of assistance, please let me know. Thank you, Jim Carter Mayor Pro Tem Brewster asked that the Council meet with Commissioner Carter and inform him of our model and put everything you say to him in writing, please. Council Member Edstrom stated: If it is a good idea to take County funds - tax payers money to build a road to spur economic development in Robison Ranch why doesn't that same thing apply in Trophy Club? David Neal stated the law says that it cannot be held in a county with over 400,000 people age 5 Workshop/Regular Session May 2, 2000 TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS ORDERING AND CALLING A BOND ELECTION TO BE HELD ON JULY 15,2000; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCTION OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTION; PROVIDING A CUMULATIVE CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND PROVIDING FOR AN EFFECTIVE DATE: Mayor Engelbeck introduced this item by stating: The question here is not the Loop Road, the question here is how we are going to finance our town in the future. Mayor Engelbeck displayed an overhead showed the following: How are we to finance our town in the future? Town Profile: • Residential — 42% • Commercial — 8% • Undeveloped — 50% The ways and means financial planning model Shortfall in three years ✓ Tax increase ✓ Cutback services ✓ Zero investment in reaction facilities ✓ All of the above Proposed bond package • A no -tax increase alternative • Developer participation • Repair streets • Phase-in reaction facilities Bonds to be sold when revenue permits Mayor Engelbeck stated: The proposed Bond package is a plan of how we can have a no tax increase alternative. The developer is to participate, the developer by platting the property that is currently agricultural. That tax revenue would be used to finance the bonds. The primary concern is to repair the streets. The policy has got to be that the bonds are sold when the revenue permits. The following residents addressed the Council. Pearl O. Ford 2 Spring Creek Court Pat Carr 1116 Trophy Club Drive Billy Hughes 216 Inverness Drive Recess 9:10 p.m. resumed at 9:17 p.m. Jim Buxton showed on overhead the amounts for the bond propositions. Council Member Matthai moved to carry out the bond election for approval with four Propositions: Proposition (1)Loop Road $4,170,732; Proposition (2) Street Repair $6,256,098; Proposition (3)Parks and Recreation $6,151,829; Proposition (4) Maintenance Facility $521,341. Seconded by Council Member Smith. Council Member Tweedie asked about of street improvement wording, Council Member Smith said that the proposition should state "street construction'. age 5 Workshop/Regular Session May 2, 2000 Mayor Pro Tem Brewster stated `let the voter education begin": reads exert from Trophy Club Buzz. BB asked that John Harbin and Mayor Engelbeck get with Commissioner Carter and bring him up to date on this developer. Detailed by Teague, Nall and Perkins and Public Works as can be told by Nestor Karlis. Carter suggests that there are other ways to finance streets. A county bond was approved a year and a half ago that Trophy Club has yet to see anything from. Council Member Edstrom, stated: "my only comments are, just for the record I just want to make sure that everybody understands that may not have been a part of the discussions the last nine to ten months that we have been looking at the Economic Model, the loop road, the funding, and how it's done. We had two proposals provided to us tonight. Either of which I would have supported, because they basically do the same thing. I want to make sure that everybody understands that either way was completely legal, there was nothing subversive, there was nothing planned to be devious and I want to make sure that everybody understands that. On the record it was stated that it wouldn't be supported because it was deceiving to residents if we did this as three proposals. I totally disagree. There was absolutely nothing deceptive about either. We paid a Bond attorney to help us set up both of those proposals. Either one would have been supported. I've received many phone calls and talked to a lot of people and the results are basically the input of the Committees, staff, the bond attorney and the residents. Council Member Bill Matthai shared that the loop road is the key pen to everything that we are eying to do. Separating in this manor will give a little more credence to the Bond Steering Committee. The vote was called as read with four propositions and passed unanimously. Town Manager Donna Welsh, passed out a schedule for the bond election. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION TO APPOINT A BOND STEERING COMMITTEE, DAVID NEAL ACTING CHAIRMAN. Will forward to David Neal to make contact with proposed names and report back to the Council David Neal. Chairman Carol Borges Jodi Ashby Keith Sockwell Bob Pacheo Connie White Bill Devlin Mark Wood David Garlitz Neil Twomey Eric Ransleben Lynn Gamron Bob Martin Bill Lewis Billy Hughes Pete Reineke Kathy Carlisle Julie Chambers Todd Mayfied Sally Michalak Tom Ritz Ben Brewster Kathy Adair Nestor Karlis Ed Tweedie Larry Adair TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING AND REPLACING ORDINANCE NO. 1999-29; PROVIDING FOR MEMBERSHIP ON THE UTILITY FRANCHISE COMMITTEE; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR A CHAIRMAN; PROVIDING FOR OBLIGATIONS AND DUTIES OF THE COMMITTEE; PROVIDING FOR CONDUCT OF MEETINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL REPEAL ORDINANCE 1999-29; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Smith made a motion to increase the number of members from five to six. Seconded by Council Member Matthai. Council Member Matthai added: with deregulation coming up we will need additional members, this will be very important to the residents of the Town. Motion carried unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, OPPOSING H.R. 2372, THE PRIVATE PROPERTY RIGHTS IMPLEMENTATION ACT; URGING THE TEXAS DELEGATION OF THE U.S. SENATE TO VOTE AGAINST THE BILL; ENCOURAGING THE PRESIDENT OF THE UNITED STATES TO VETO THE BILL IF APPROVED BY THE U.S. SENATE; AND PROVIDING AN EFFECTIVE DATE. age 7 Workshop/Regular Session May 2, 2000 Town Manager Donna Welsh introduced this item. Most cities are sending in this resolution to oppose this bill. Presently a developer could appeal to the district county, in Denton County appeals court in Fort. Worth ,then Texas Supreme Court then might go to U.S. Supreme Court. What this bill does is, it allows them to go directly to Federal court in Sherman. Tiffany Heartling explained that all local control would be lost with this bill. Council Member Matthai made a motion to adopt this resolution as written. Second by Council Member Tweedie. Motion passed, unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE FOLLOWING COMMITTEE REQUESTS: A. APPOINTMENT OF THE FOLLOWING INDIVIDUAL TO THE PUBLIC WORKS COMMITTEE: 1. STEVEN BEEBE Council Member Tweedie made a motion to appoint Steven Beebe to the Public Works Committee. Seconded by Council Member Edstrom. Motion passed, unanimously. B. APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE INFORMATION SERVICES INFORMATION TECHNOLOGY COMMITTEE: 1. ADAM GERETY 2. CONNIE SHAW 3. JOHN TABER Council Member Edstrom made a motion to appoint Adam Gerety, Connie Shaw and John Taber to the IS/IT Committee. Seconded by Council Member Tweedie. Motion passed, unanimously. C. APPOINTMENT OF THE FOLLOWING INDIVIDUAL TO THE PARKS AND RECREATION COMMITTEE: I. SALLY MICHALAK Council Member Smith made a motion to appoint Sally Michalak to the Parks and Recreation Committee. Seconded by Council Member Edstrom. Motion passed, unanimously. TOWN COUNCIL TO DISCUSS AND TAKE ACTION REGARDING THE MONTHLY COUNCIL COFFEE FUNCTIONS. (WE WILL BE HOSTING THIS FUNCTION ON THURSDAY, MAY 4.) No action. CONSENTAGENDA 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. MINUTES OF APRIL 4, 2000 REGULAR TOWN COUNCIL B. MINUTES OF APRIL 18, 2000 REGULAR TOWN COUNCIL MEETING C. MINUTES OF APRIL 24, 2000 TOWN COUNCIL WORKSHOP C. 1998/1999 AUDITED FINANCIAL STATEMENTS D. PROCLAMATION — NATIONAL DAY OF PRAYER — MAY 4, 2000 E. FINANCIALS DATED FEBRUARY 2000 Council Member Matthai made a motion to pull the Minutes of April 4, 2000 for discussion. Seconded by Council Member Tweedie. Mayor Brewster abstained. Council Member Edstrom, moved to approve all other Consent Agenda Items, seconded by Council Member Tweedie. Unanimously, with Mayor Tem Brewster abstaining from the April 18, 2000 and April 24, 2000 meeting, Council Member Tweedie abstaining from April 24, 2000, motion carried. Council Member Matthai made a motion to change statement regarding bond election: did not make statement: that he would also like to see the issues voted on individually, seconded by Council Member Edstrom Council Member Edstrom made a motion to amend the amend the minutes of April 4, 2000 including Council Member Matthai's deletion and adding my comments that she supported the proposal as presented with the Community Center. Council Member Matthai seconded, motion passed unanimously. age 8 Workshop/Regular Session May 2, 2000 REPORTS AND COMMENTS. Mayor Engelbeck reported that this is Roger Unger's last Council Meeting. You have been a large asset, you will be missed. Mayor Pro Tem Brewster also commented on Roger Unger "he is omnipotent". The Town has benefited greatly by your being here. Barb Tweedie added: in the past as training at the fire department with the Women Club members trained as fire fighters, he treated everyone equally. Council Member Matthai added that Roger has helped the MUD and Town working as a team and helped to keep the town together, greatly appreciated wisdom knowledge and support. We will miss you Susan added. Scott Smith added that when tragedy struck you were here. A. STAFF REPORTS Jim Buxton stated that the software will be operating by the 1" of July. Roger Unger added that Cathy Morgas has been appointed to take his place. She is quite capable, will be a tremendous asset to the Town and MUDS. Reporter asked about his most important asset his first response was the Trophy Club/Westlake Department of Public Safety. He said that he is most proud of the relationship that has developed between the MUDS and the Town. Director Miller. Fire Chief applicants have been whittled down to the final four. Final interview will be conducted tomorrow. Will announce next week. Diane Cockrell added that Early Voting ended today with approximately 396 voters. Tiffany Heartling announced the annual seminar June 2id, at the Embassy Suites in Grapevine. B. COUNCIL Council Member Smith discussed newsletter from City of Roanoke. It shows Trophy Club behind on tax rate. Mayor Engelbeck met with Commissioner Carter and expressed concern regarding construction of Hwy 114 West of 135 and expressed concern on how County is changing the Justice of the Peace. Judge French and Constable Hatzenbuhler and changing us to Lil Arnold. If these things bother you let it be known. Council Member Matthai shareded that Roanoke's population is 3000 with 70 employees. We have 7000 with 50 employees. Council Member Smith announced day of prayer on May 4"' also like to see a brick in honor of Mr. Hamper like we did for Kay Pratt. All Council Members agreed. EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTIONS 551.071 TO 551.075 A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. 1. CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE There was no executive session. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING EXECUTIVE SESSION. A. SECTION 551.071: DISCUSSION WITH ATTORNEY RELATIVE TO PENDING OR CONTEMPLATED LITIGATION. 1. CLOSING OF KIRKWOOD BOULEVARD BY CITY OF SOUTHLAKE There was no action taken. age 9 Workshop/Regular Session May 2, 2000 ADJOURN: Council Member Tweedie moved to adjourn at 10:38 p.m. Council Member Edstrom seconded; motion passed unanimously. Mayor, Town of Trophy Club, Texas ATTEST: Town Secretary, Town/of Trophy Club, Texas