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Minutes TC 12/03/2001MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB DECEMBER 3, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, December 3, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Susan Edstrom Bill Matthai Barry Huizenga Scott Spence Roger Williams STAFF AND GUEST(S) PRESENT: Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Donna Welsh Town Manager Diane Cockrell Town Secretary Roger Unger Finance Director Bill LeGrand Director of Public Works Paul Rosenberger Community Development Manager Patricia Adams Town Attorney Kerin Fleck P&Z Coordinator Gene Hill P&Z Chairman CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Smith called the Regular Session to order at 7:34 p.m., noting a quorum was present. INVOCATION: Council Member Huizenga gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mr. J.D. Harvey 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 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. Page 2 REGULAR SESSION December 3, 2001 Ms. Marjory Thompson of 126 Greenhill Trail South addressed the Council and submitted a petition (approximately 347 signatures on 31 pages) supporting a pool facility for the Town of Trophy Club. The petition's caption reads as follows: To the members of the CIA Board, Town Council and CIA/Town Task Force. As a resident of Trophy Club, I urge you to move as quickly as possible to build our community pool. We had been promised a pool by the CIA and understand that they will not continue moving forward with the project. We want the monies currently in the control of the CIA, which we paid for the purpose of a facility, to be used by the Town to build a pool. We do not wish that they be returned to the membership. Whether this pool is built by the CIA, the Town or the two entities jointly is not an issue. We urge you to act appropriately and uphold the promises made and use sound fiscal judgment in applying the funds in a manner for which they were paid — to fund a pool. We do not want the returned to the membership. Ms. Melanie Reinke of 25 Crestwood Drive, Mr. Steve Krohn of 107 Greenhill Trail, Mr. Jim Moss of 979 Trophy Club Drive, and Ms. Carol Cotton of 11 Overbill Drivee addressed the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING RECEIPT OF BIDS FOR SALE OF BONDS WITH REVIEW AND RECOMMENDATION BY TOWN'S FINANCIAL ADVISOR, DISCUSSION, AND CONSIDERATION OF SAME BY TOWN COUNCIL, AND ACCEPTANCE OF BEST BID BY MOTION. Mr. Dan Almon of SWS Securities advised bids were taken this afternoon over the Internet, which is the preferred method of selling bonds. Salomon Smith Barney, Inc., subrrtted the best bid. The average life of this bond will be 12.9 years. This bond is bank qualified with a true interest cost of 4.8468%, which is a good rate. The first payment will be due September 01, 2002, and we will have already levied our tax rate. Mayor Scott Smith asked for an explanation of the payment options. Roger Unger explained the two alternatives. The first alternative would be to take the $3 million from the bond sale and invest it, earn interest from the investment; as the draw on the $3 million is gradual. The second alternative would be to refund our existing bond issue and to front-end load our savings. This would be a $55,000 immediate savings in the current year. Combine this $55,000 with the interest off of the cash flow from the bonds, and it should nearly approximate the $98,000 payment. This way we would be able to pay the $98,000 from non -budgeted revenue items. Mr. Pete Tart asked Council to consider adoption of this ordinance; stating it will authorize the bond, it awards the bond, it establishes the interest rates, and it provides the transcript, which will be submitted to the Attorney General's office. Mayor Pro Tem Edstrom made a motion to accept the bid of 4.846829% by Salomon Smith Barney. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS; ESTABLISHING BOND AMOUNT AND PURPOSE; Page 3 REGULAR SESSION December 3, 2001 PROVIDING FOR DESIGNATION OF THE BONDS; PROVIDING FOR INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND; PROVIDING FOR INTEREST; PROVIDING FOR THE FORM OF THE INITIAL BOND; DEFINING ADDITIONAL CHARACTERISTICS OF THE BONDS; PROVIDING FOR THE FORM OF SUBSTITUTE BONDS; PROVIDING FOR TAX LEVY; PROVIDING FOR DEFEASANCE OF BONDS; PROVIDING FOR DAMAGED, MUTILATED, LOST, STOLEN OR DESTROYED BONDS; ESTABLISHING GUIDELINES FOR CUSTODY, APPROVAL, AND REGISTRATION OF BONDS/BOND COUNSEL'S OPINION/CUSIP NUMBERS/AND CONTINGENT INSURANCE PROVISION, IF OBTAINED; PROVIDING COVENANTS REGARDING TAX EXEMPTION; PROVIDING FOR DESIGNATION AS QUALIFIED TAX-EXEMPT OBLIGATIONS; PROVIDING FOR ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT; PROVIDING FOR DISPOSITION OF PROJECT; PROVIDING FOR CONTINUING DISCLOSURE; PROVIDING FOR SALE OF INITIAL BOND; PROVIDING FOR INTEREST EARNINGS ON BOND PROCEEDS; PROVIDING FOR APPROPRIATION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Huizenga made a motion to approve the ordinance as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO HEAR A PRESENTATION REGARDING THE FEASIBILITY OF REFINANCING OF TOWN SERIES 1994 BONDS. Roger Unger recommended taking a front-end savings, saving the Town $56,000 in 2002. Council Member Williams added that Ways and Means agreed it would be best to go ahead and take the front-end savings. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CONSIDERATION AND AUTHORIZATION OF REFINANCING OF SERIES 1994 BONDS. Council Member Matthat made a motion to refinance the Series 1994 Bonds. Council Member Williams seconded; motion carried unanimously. The Council took a recess at 8:24 p.m., resuming at 8:39 p.m. REPORTS FOR COMMITTEES: (FIVE-MINUTE TIME LIMIT) A. ECONOMIC DEVELOPMENT CORPORATION A • Previous meeting discussion and action Mr. J.D. Harvey reported that EDC -A would be prepared to fund the park. B. INFORMATION TECHNOLOGY COMMITTEE • Previous meeting discussion and action Council Member Matthai discussed the website and stated he is very impressed with the technical knowledge of our IT Committee members. IT has been working with Beth Ann Gregory regarding the DPS Records Management Software. Page 4 REGULAR SESSION December 3, 2001 C. PUBLIC RELATIONS COMMITTEE • Previous meeting discussion and action Ms. Barb Tweedie thanked Darin Davis and Mayor Pro Tem Edstrom, who helped her push through the Tree Preservation. The Tree Lighting event was held on December I", with more than 80 children attending. The following day was Pictures with Santa, raising $82, along with a truckload of diapers and clothes for needy children. The Committee is working on getting the Town in the D- Magazine as being one of the Top 10 Places to Live. D. UTILITY FRANCHISE COMMITTEE • Previous meeting discussion and action Mr. Jim Moss advised there has been no reply from Charter Cable. The Committee has chosen ten items from the draft that they feel are most important and that are not negotiable and will address those items in their meeting with Charter Cable. Paul Rosenberger requested a meeting with the Director of Operations of Charter Cable. E. WAYS & MEANS COMMITTEE • Previous meeting discussion and action Mr. J.D. Harvey stated that the Committee agreed with the details for the bond. The Committee has reviewed the financial statement regarding the DPS shortfall, and because of those shortfalls, it was recommended to create periodic reports from cost centers and have them closely monitored. Also, the Committee recommended creating a list of capital assets that come under the GASB rule to establish some consistency in capital funds and establish some standards. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING PROVISIONS TO CONTINUE THE LEVY OF AD VALOREM TAXATION UPON MOTOR VEHICLES LEASED FOR PERSONAL USE AS PROVIDED FOR IN SENATE BILL 248 OF THE 77TH LEGISLATURE UNLESS OTHERWISE EXEMPTED BY LAW; PROVIDING DEFINITIONS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Town Manager Welsh explained the total value of the leased vehicles in Trophy Club is $4,580,000, equating to approximately a half cent of a tax break. She further explained that this would not impact this year's budget. There would be a loss of revenue for 2002 of $25,000. The Town would have to raise taxes or cut the budget in order not to lose this revenue. Council Member Williams stated he was opposed to this ordinance. Council Member Matthai agreed, stating he was also opposed to this ordinance. Council Member Williams made a motion to deny the ordinance as written. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING SECURING A BANK LOAN TO FUND TROPHY CLUBIWESTLAKE DEPARTMENT OF PUBLIC SAFETY RECORDS MANAGEMENT SOFTWARE AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. Page 5 REGULAR SESSION December 3, 2001 Mayor Pro Tem Edstrom made a motion to table this item pending outcome of current ongoing negotiations of the DPS Contract. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE REQUEST FOR PRELIMINARY PLAT APPROVAL OF A 23.5361 ACRE TRACT OF LAND ZONED PD -16, THE KNOLL, LOCATED GENERALLY TO THE NORTH OF GREENHILL TRAIL, WEST OF PANORAMA TRAIL, AND SOUTHWEST OF RIDGEVIEW LANE. APPLICANT: TERRA LAND DEVELOPMENT COMPANY. Gene Hill explained that this preliminary plat was approved at the November 27" P&Z Meeting, noting the deficiencies to be remedied are: Item 15 concerns drainage from the Golf Course An acceptable solution must be presented to Planning & Zoning Commission before the Developer's Application for final plat will be offered. Items 17 to 19 concerns front yard landscaping. This will be corrected. The final deficiency is the road widths at the entrance to the Knoll. Mr. Paul Spain added that the drainage issue has been addressed. Landscaping issues will be addressed in the final plans. The final plat will be back in about four weeks. The Golf Course has agreed to pay for a part of the drainage solution. Mayor Pro Tem Edstrom made a motion to approve the preliminary plat. Council Member Matthai seconded; Council Member Williams amended the motion noting the Planning & Zoning's changes and the drainage issues are addressed in the final plat to Planning & Zoning's satisfaction. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO THE PROPOSED ADDITION TO THE SUBDIVISION REGULATIONS, TOWN ORDINANCE NO. 2001-21 P&Z, TO PROVIDE FOR PROVISIONS PERTAINING TO TREE PRESERVATION REQUIREMENTS. Paul Rosenberger gave a presentation, explaining this is a draft, requesting Council's suggestions and concerns. This Ordinance will return on December 17, 2001 for Council's approval. This ordinance will apply to future development. There are seven total exceptions to the ordinance. Refer to handout. A Tree Board could consist of five members with three alternates. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE EXECUTION OF A CONTRACT WITH RANDALL AND BLAKE, INC., FOR THE CONSTRUCTION OF A U6 SOCCER FIELD LOCATED AT HARMONY PARK. Paul Rosenberger explained that EDC -A committed up to $18,800 for construction of a new soccer field. Four bids were sent out, and two bids were received, the lowest being for $9,619.07 by Randall and Blake, Inc. Council Member Matthai made a motion to approve the contract with Randall and Blake, Inc for $12,000. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING CASTING ITS VOTE FOR BEVERLY FOLEY FOR THE DENTON COUNTY TRANSPORTATION AUTHORITY INTERIM EXECUTIVE COMMITTEE. Page 6 REGULAR SESSION December 3, 2001 Council Member Huizenga made a motion to cast its vote for Bill Walker for the Denton County Transportation Authority Interim Executive Committee. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING PROVIDING DIRECTION TO THE PARKS & RECREATION COMMITTEE ON REVIEWING AND DRAFTING A PLAN TO BUILD A COMMUNITY POOL. Ms. Pauline Twomey of 203 Oakmont addressed the Council. Mayor Pro Tem Edstrom explained that the Task Force is investigating the transfer of money and land to the Town. She requests to direct the Parks and Recreation Committee and Staff to begin reviewing the possibility of a Town pool. Council Member Matthai added that this could rally the Town and bring residents together. Council Member Williams supports a Town pool; yet recognizes the need to address what to do for Summer 2002. Council Member Huizenga is concerned about the integrity and design of the pool. We need to maintain some aspects of the original design of the pool, not necessarily the engineering and also keep the thought that went into the design by the designated design committee. Council Member Spence stated the need to look at our options and the Town projects that are on going and pending; may need to use the Club Pool. Council Member Huizenga stated that one of the major sentiments is that residents want to be able to write the pool off on their taxes. The money that the Parks and Recreation Committee is spending this year on parks has been saved from previous years. Council Member Williams added that we need to know how to fund a Town pool and expressed a need to have Ways & Means become involved. Council Member Matthai made a motion to direct Parks and Recreation Committee to draft a plan for a Town Pool. Mayor Pro Tem Edstrom seconded; motion carried 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. REGULAR SESSION MINUTES DATED NOVEMBER 19, 2001. B. FINANCIALS DATED OCTOBER 30, 2001. Council Member Matthai made a motion to approve both the November 19, 2001 Regular Session Minutes and the October 30, 2001 Financials as written. Mayor Pro Tem Edstrom seconded; motion carried 4-0-1 with Council Member Huizenga abstaining. COUNCIL AND STAFF REPORTS: • MAYOR SCOTT SMITH o Deadline for Council Agenda Page 7 REGULAR SESSION December 3, 2001 Mayor Scott Smith gave a report. • DONNA WELSH o Update from last DPS Meeting o East Entrance Donna Welsh gave a report. • BILL LEGRAND o Marshall Creek Update o Curb Repair Contract o Summit Cove & Trophy Club Drive Update o Curbside Recycling and Hazardous Household Materials Recycling Programs Bill LeGrand gave a report. • PAUL ROSENBERGER o CAPP Update Paul Rosenberger gave a report. • DIANE COCKRELL o Zoning Board of Adjustment Diane Cockrell gave a report. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Council convened into Executive Session at 10:15 p.m. EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, CHAPTER 551.071(1)(A), THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: CONSULTATION WITH TOWN ATTORNEY REGARDING CONTEMPLATED OR PENDING LITIGATION: (1) Closure of T.W. King Road / Kirkwood Boulevard TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION Council reconvened into Regular Session at 10:56 p.m. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO AGENDA ITEM NO. 20, EXECUTIVE SESSION REGARDING THE CLOSURE OF T.W. KING ROAD/KIRKWOOD BOULEVARD. Mayor Pro Tem Edstrom stated that with regard to Agenda Item No. 22, the appropriate action will be will to proceed with a letter to the Texas Department of Transportation, which will be drafted by Town Manager Welsh and Council Member Huizenga; and we will proceed with the East Entrance Issue based upon the advice of our Town Attorney. Page 8 REGULAR SESSION December 3, 2001 ADJOURN Mayor Pro Tem Edstrom made a motion to adjourn at 10:58 p.m. Council Member Matthai seconded; motion carried unanimously. FJ�op/j o r h ATTEST: i Town Secretary, Town of Trophy Club, Texas