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Minutes TC 10/17/2000MINUTES OF TOWN COUNCIL WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB OCTOBER 17, 2000 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas tnet in a Workshop and a Regular Session on Tuesday, October 17, 2000. The meeting was held within the boundaries of the Town and was open to the public. WORKSHOP SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member STAFF AND GUEST(S) PRESENT Diane Cockrell Town Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Workshop session to order at 6:03 p.m. noting a quorum was present. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REVISIONS OF THE COMMITTEE HANDBOOK. Town Council and Staff discussed the Committee Handbook and is tentatively planned for the November 7, 2000 Agenda. DISCUSSION OF REGULAR AGENDA ITEMS: No additional agenda items were discussed. ADJOURN WORKSHOP SESSION: Mayor Engelbeck adjourned the Workshop at 7:22 p.m. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT Marshall Eneelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member Page 2 WORKSHOP/REGULAR SESSION October 17, 2000 STAFF AND GUEST(S) PRESENT: Diane Cockrell Town Secretary Cathy Monms MUD Manager Jim Buxton Finance Director Bill Chavez Director of Public Works David Miller Director of DPS Paul Rosenberger Assistant to Town Manager/MUD Manager Patricia Adams Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the regular meeting to order at 7:32 p.m. INVOCATION: Mr. Gary Tomlin gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. Bill Chavez 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 PRESENTATION 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. Eddie Price of I Cimarron Drive addressed the Council REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. EDITORIAL REVIEW BOARD —GENE HILL B. PLANNING & ZONING COMMISSION- GENE HILL C. LYFORMATION TECIINOLOGY— JIM BEST D. WAYS AND MEANS COMMITTEE — DAVID NEAL E. COMMISSIONER'S COURT REPORT —BILL LEWIS EDITORIAL REVIEW BOARD —GENE HILL —No Report PLANNING & ZONING COMMISSION - GENE HILL —No Report INFORMATION TECHNOLOGY—JIM BEST Jim Best reported that the Information Technology Committee is working on the updated web site and it will be completed in November. WAYS AND MEANS COMMITTEE — DAVID NEAL—No Report COMMISSIONER'S COURT REPORT—BILL LEWIS Bill Lewis reported on the Public Hearing on petition requesting of Denton County Development District No. 7 and approved order upon hearing and granting petition requesting the creation of Denton County Development District No. 7 and appointing temporary directors. This CDD will be north of the city of Denton on land annexed to the CDD by the city. This is a 100,000,000 million dollar project including an equestrian center, hotel and conference center, golf course and 99 one -acre residential plats. Several people spoke against the CDD voicing the opinion that having residential areas within the CDD is illegal. Others sited traffic concerns and loss of rural flavor to the community. Some expressed concern that the vote should be put off since Attorney General will make a ruling in November on the legality of having residential areas within the CDD's. This petition passed. Page 3 WORKSHOP/REGULAR SESSION October 17, 2000 CDD petition No. 8 Public Hearing has been postponed to November 7, 2000. MAYOR ENGELBECK TO ADDRESS THE COUNCIL REGARDING VISION 2010 AND THE CIA Harry Dayton of 103 Fairway Village, Carol Cotton of 11 Overbill Drive and Roger Williams of 215 Phoenix addressed the Council. Mayor Engelbeck explained that Community Improvement Association is a separate entity from the Town with an elected board and that the CIA had a meeting a month ago and 200 residents attended. During the meeting the Mayor was asked when the Town could take over the CIA — the CIA Covenants show it in existence until December 2015. The Mayor asked for a legal opinion. Because of the bond election last July we cannot borrow money to build a pool. The Country Club is obligated to open the pool to CIA members, there are some negations going on to make that happen. The Mayor asked the Ways & Means Committee to discuss and make a recommendation of pay as you go or spread out the cost of the pool. The Council Consensus was to ask Ways & Means Committee to investigate. Council Member Matthai addressed the comment that the Council had prior knowledge of the CIA increase. Council Member Huizenga addressed statements made by residents. There has been talk for several years by CIA knowing that a new pool would have to be built. There is no money to build a pool. Mayor Engelbeck stated that we are looking for a solution. Property has been donated to CIA across the street from Medlin Middle School and Beck Properties. Council Member Smith made the statement that we are in agreement that a pool is needed; the disagreement is who will pay for the pool and time is needed. We have EDC A and EDC B also, voluntary parks fund to be discussed in tonight's agenda. Council Member Smith thinks that CIA has out lived its time and that representatives for EDCs, Parks, Ways & Means and others should move forward quickly but not in haste. Need to bring this forward. The EDC B looked favorably on request; amounting to $43,000, which includes three fountains and a slide. EDC A has not met - it is set up for recreation. Council Member Tweedie questioned do we have anything to say about this? It would be different if Beck gives the land to the Town verses the CIA. Council Member Tweedie loved the idea of communication, stated we need communication. Council Consensus is to have legal and Ways & Means to investigate, EDC B will be invited to Ways & Means meeting. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE PARTICIPATION OF THE TOWN OF TROPHY CLUB, TEXAS IN THE CAUSE OF ACTION STYLED THE CITY OF DENTON, TEXAS VS. TEXAS UTILITIES COMPANY AND LONE STAR GAS COMPANY OR SUCH OTHER CAUSES OF ACTION AS THE "STEERING COMMITTEE OF CITIES PARTICIPATING IN THE TXU FRANCHISE LITIGATION" MAY DETERMINE SEEKING DELINQUENT FRANCHISE FEES FROM TXU, LONE STAR GAS AND OTHER ENTITIES ASSOCIATED WITH TXU; AUTHORIZING THE EXPENDITURE OF FUNDS FOR ATTORNEY AND EXPERT WITNESS FEES; PROVIDING FOR THE DESIGNATION AND AUTHORIZATION OF A PRIMARY CONTACT OR LIAISON FOR THE STEERING COMMITTEE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE: Council Member Matthai made a motion to adopt the Ordinance as read, Mayor Pro Tem Edstrom seconded. Town Attorney Patricia Adams address the Council, Mr. Mike Bucek gave a handout and explained the concerns. The meeting ended on two points - amount of contribution and amount to be recovered. TU Electric Page 4 WORKSHOP/REGULAR SESSION October 17, 2000 would be $207,000, Lone Star Gas $12,000 and $1,000 for the second assessment for a total of $220,000, which 65% would be based on sales tax. The 2002 deregulation will cause the problem of having understated amounts of franchise fees collected. Ms. Adams expressed concerns about the letter from TXU, at some point we would have to pay audit costs. The language is overly broad regarding agreement not to file suit against TXU. Harriet Gibbons, TXU Representative, stated that she is here to answer any questions. Council Member Matthai asked about punitive damages, Ms. Gibbons stated that the language would allow punitive damages. Dick Hobday reported that the Utility Franchise Committee has tried to do due diligence. They have looked at Denton's franchise agreements and are very similar. One big item is sales tax, we don't have sales tax on residential accounts, and we would be ineligible for that portion. Mr. Hobday also stated that the committee is working with TXU regarding a suit and the language. We are working with numbers and to get a letter from TXU Corporation. The committee would like to let TXU know our date certain to make a decision. Electric deregulation will follow suit of the telephone companies. Council Member Matthai amended the motion to have a meeting on October 26, 2000 at 8:00 a.m. to get the complete letter from TXU. Mayor Pro Tem seconded, both motions passed unanimously. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, STRONGLY SUPPORTING THE EFFORTS OF THE CITY OF DALLAS IN SEEKING A BID CITY DESIGNATION CHANGE RELATING TO THE YEAR 2012 OLYMPICS; AUTHORIZING THE TOWN MANAGER OR HER DESIGNEE TO TAKE ANY NECESSARY PROCEDURAL STEPS TO ACKNOWLEDGE THE TOWN'S SUPPORT OF THIS EFFORT; AND PROVIDING AN EFFECTIVE DATE: Gary Tomlin of 366 Indian Creek addressed the Council Council Member Matthai made a motion to adopt the Resolution as read to strongly support the efforts of the City of Dallas in seeking a bid city designation change relating to the year 2012 Olympics. Council Member Tweedie seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING ONE (1) SEAT ON THE INFORMATION TECHNOLOGY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE: A. JANET JOHNS Mayor Pro Tem Edstrom made a motion to adopt the Resolution as read to appoint one seat on the Information Technology Committee. Council Member Matthai seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING A CITIZEN TO ONE (1) SEAT ON THE PARKS AND RECREATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE: A. TOM RITZ Council Member Tweedie made a motion to adopt the Resolution as read appointing one seat to the Parks and Recreation Committee. Council Member Matthai seconded, motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING A CITIZEN TO ONE (1) SEAT ON THE UTILITY FRANCHISE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE: A. ROBERT DOWNEY Mayor Pro Tem Edstrom made a motion to adopt the Resolution as read appointing one seat to the Utility Franchise Committee. Council Member Matthai seconded, motion carried unanimously. Page 5 WORKSHOPIREGULAR SESSION October 17, 2000 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPOINTMENT OF CO-CHAIRMAN OF THE INFORMATION TECHNOLOGY COMMITTEE: A. ADAM GERETY Council Member Matthai made a motion to approve the appointment of a Co-chairman to the Information Technology Committee. Council Member Smith seconded, motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING(BANK) RESOLUTIONS ESTABLISHING A BENEFITS BANK ACCOUNT AND CONSOLIDATED CASH ACCOUNT: Council Member Tweedie made a motion to bring this item to the floor for discussion. Council Member Smith seconded the motion. Jim Buxton explained that the new company we are contracting for the employee cafeteria plan with and that we will deposit money deducted from the employees' checks. The deposited checks are processed by the company in Grapevine and mailed to us to sign. Gary Tomlin asked to read into the Record, the name of the firm in Grapevine. The name is Citistreet. Council Member Tweedie made an amendment to the motion to adopt the Resolutions as read. Council Member Smith seconded, both motions carried unanimously. TOWN COUNCIL TO CONSIDER AND TAKE APPROPRIATE ACTION AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO EXECUTE INTERLOCAL COOPERATION AGREEMENTS ON BEHALF OF THE TOWN OF TROPHY CLUB RELATIVE TO FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES, CONTINGENT UPON TOWN ATTORNEY REVIEW, APPROVAL OF THE PROPOSED AGREEMENTS, AND APPROVAL OF A PROPOSED LIST OF PARTICIPATING ENTITIES: David Miller explained a mutual aid agreement for each of these cities. We are trying to streamline the process by asking David Miller to execute this contract. Trying to keep from going to each of the four entities. We are not obligated to respond, we can protect our city first. If we don't have the resources, we can decline. Council Member Tweedie made a motion to approve the authorization of the Director of Public Safety to execute Interlocal Cooperation Agreements. Council Member Smith seconded, motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING VOLUNTARY CONTRIBUTIONS ON WATER BILLING: Council Consensus is to refer this agenda item back the Parks and Recreation Committee. 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. MINUTES DATED SEPTEMBER 25, 2000 B. MINUTES DATED OCTOBER 3, 2000 C. FINANCIALS DATED SEPTEMBER 30, 2000 Mayor Pro Tem Edstrom made a motion to approve the Financials dated September 30, 2000. Council Member Tweedie seconded, motion carried unanimously. September 25, 2000 minutes and October 3, 2000 minutes were removed from the consent agenda Page 6 WORKSHOP/REGULAR SESSION October 17, 2000 September 25, 2000 Report from Council Members was changed to read Council Member Huizenga reported that there is a notable difference between the Albertson's in Roanoke and Trophy Club's Tom Thumb. Council Member Huizenga made a motion to approve September 25, 2000 minutes as amended. Mayor Pro Tem Edstrom seconded, motion carried 4 — 0, with Council Member Matthai abstaining. October 3, 2000 minutes have been changed to include: Council Member Huizenga stated that Sprint has a right to apply for the special use permit. The process we are going through is unwieldy and cumbersome but on the other hand very necessary. The due process may not be liked but it is necessary to preserve the citizens rights. Allowing Sprint to apply for a special use permit is a legal requirement; if we did not allow Sprint to apply then we have no leg to stand on. The Council is not doing anything to the citizens of Trophy Club but rather preserving the integrity of the process so that if there was legal action we have a leg to stand on and that the process we are going through is for the benefit of the citizens of Trophy Club and not because we are trying to do something to the citizens. Council Member Huizenga made a motion to approve the amended October 3, 2000 minutes. Mayor Pro Tem Edstrom seconded, motion carried 4 — 0, with Council Member Tweedie abstaining. REPORTS AND COMMENTS A. STAFF David Miller reported that the DPS Board approved funding for the emergency road. Mayor Engelbeck added that an agreement needs to be drawn up with the District Attorney's office to make sure that the agreement includes the removal of the asphalt. Cathy Morgas reported that the Master District would meet Wednesday, November I" at 7:00 p.m. Jim Buxton reported on the significant progress that has been made with installing the new accounting software system. Patricia Adams reported that Tiffany Haertling has retired to St. Louis. Paul Rosenberger reported that Parks and Recreation Committee tried to meet the previous night, but did not have a quorum. Diane Cockrell had no report. B. COUNCIL MEMBERS Council Members Tweedie and Smith had no reports. Mayor Engelbeck announced a Council Workshop for November 7°i at 6:00 p.m. and has invited Sprint to attend this workshop. Mayor Pro Tem Edstrom reported that Team Trophy Club Day is Saturday, October 21 from 9:00 a.m. to 2:00 p.m. Craft vendors, James Wood Autoplex, Sutton's Nursery, Women's Club and Medlin Middle School Band will be in attendance. Sutton's Nursery will be selling discounted trees, the Women's Club will be selling the new directories and will be having a quilt raffle. Mayor Pro Tem Edstrom also reported that the Committee is working hard to sponsor events. There will also be a raffle for great prizes. Page 7 WORKSHOP/REGULAR SESSION October 17, 2000 Council Member Huizenga asked Council Member Smith if lie would give his street proposal to Ways & Means. Council Member Huizenga reported on the ongoing street study. The members learned a lot about structural perceptions and saw problems they didn't see before; they are hoping to get the study to the Council. Council Member Huizenga also reported on that he does not want the CIA pool process to slow the progress. He thinks that it is very important that we have the pool open for the swim season and not to lose a year. Council Member Matthai believes that the boards of the CIA have done the best they could do. He also appreciates Ms. Cotton's comments to work together to get another pool. Council Member Matthai also reported that the Utility Franchise Committee is working on a Right -of -Way Ordinance for the MUD Board to be aware of their responsibilities. Harriet Gibbons (TXU Representative) asked that Patricia Adams fax the language that the Town wants and she will respond Wednesday, October 18, 2000. ADJOURN: Mayor Pro Tem Edstrom made a motion to adjourn at 9:56 p.m. Council Member Huizenga seconded, motion carried unanimously. CU, Mayor, own of Trophy CI b, Texas ATTEST: Town S)acretary,/fown of Trophy Club, Texas