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Minutes TC 03/05/2001MINUTES OF PUBLIC HEARING/EXECUTIVE SESSION AND REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB MARCH 5. 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Public Hearing, Regular Session and Executive Session on Monday, March 5, 2001. The meeting was held within the boundaries of the Town and was open to the public. REGULAR 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: Donna Welsh Diane Cockrell Jim Buxton Bill LeGrand Paul Rosenberger David Miller Patricia Adams Rick Gilliland Kerin Fleck Harriet Gibbon Tom Hoover Bryan Klein Town Manager Town Secretary Finance Director Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attornev Planning and Zoning Commissioner Planning and Zoning Coordinator TXU Representative Hoover/Klein Group Hoover/Klein Group CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:30 p.m. INVOCATION: Ms. Pearl Ford gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Council Member Matthai led the pledges. TOWN COUNCIL TO RECOGNIZE MARY E. "TEENSIE" WELLBORN AS STAR TELEGRAM'S GERTRUDE TARPLEY WOMAN OF THE YEAR RECIPIENT FOR VOLUNTEERISM. Presentation made by Mayor Engelbeck. Mayor Engelbeck moved Citizen Presentations forward to be the next agenda item. Page 2 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 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. George Gearner of 329 Inverness, Rick Gilliland of 211 Phoenix Drive and Haley and Ashley Matthai of 500 Indian Creek addressed the Council. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MAYOR ENGELBECK'S REQUEST TO CONTINUE NEGOTIATIONS WITH THE COMMUNITY IMPROVEMENT ASSOCIATION AND THE HOMEOWNERS ASSOCIATION BOARDS. Jodi Ashby of 4 Mesa Verde Court and Billy Hughes of 216 Inverness addressed the Council. Mayor Engelbeck explained that lie and Donna Welsh have been talking to the Community Improvement Association for quite some time concerning the pool and recreation area and to assume some of the responsibilities in place now. The CIA had a meeting last Thursday night and they agreed to participate in a transition committee that would have their initial organizational meeting tomorrow night at 6:00 p.m. in the MUD Building Boardroom. The objective of that meeting is to define what needs to be done to transition most if not all of the responsibilities of the CIA to the Town. Mayor Engelbeck stated that when Trophy Club became a town, the CIA was a stand-alone organization and their dues were approximately $360 a month. The founding fathers worked to include all the CIA restrictions and rules, as many as they could in our current ordinances. We think a lot of this has been done, in fact Donna Welsh just completed a project, going through the deed restrictions and defining what hasn't been transitioned into the Town. They also had a role in maintaining the common areas that have been transitioned to the Town over the years. The main thing, in our minds, that is left to be done is the operation of the so-called swimming pool and the recreation area. Tomorrow night, we will be discussing what has been done, what needs to be done and designate people to make up the transition committee and come up with some milestone dates. The other thing was that we have had meetings with the Homeowners Association in the Lakes area. For those of you who do not know this, as part of the grant Greg talked about has a designation in the path system that is currently in the Lakes by Brisco Clark to the Town. Brisco Clark is currently the head of the Homeowners Association and we have talked to them, today is the latest meeting we've had on picking up the responsibilities of maintaining the pathways and some other areas that are part of the common areas, which will happen over the next three years and this gets to be built into the park. We've talked about that and doing some other phasing in of the Homeowners Association and this is not going to happen tomorrow, it's going to be a few years as Brisco Clark builds up. They told us that they thought they'd probably be building the rest of their area in the next 18 months. Mayor Engelbeck asked the Council to take the appropriate action to begin negotiations with the CIA as he mentioned earlier in their meeting on Thursday last, they agreed to begin discussing this matter with the Town in more of a date than a time and milestone manner than we've had in the past. Mayor Engelbeck would like to have the Council's concurrence on this matter. Mayor Pro Tem Edstrom made a motion to continue negotiations with the CIA and the Lakes of Trophy Club Homeowner Association Boards to move through the transition process with open forums and public meetings. Council Member Tweedie seconded, motion carried unanimously. TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING. Mayor Pro Tem Edstrom made a motion to convene into Public Hearing. Council Member Matthai seconded; motion carried unanimously. Page 3 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 PUBLIC HEARING TOWN COUNCIL TO CONDUCT A PUBLIC HEARING RELATIVE TO THE FOLLOWING: A. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE NORTH OF STATE HIGHWAY 114, AND SOUTH OF GLEN EAGLES COURT (APPLICANT: JOHN HUBBARD, VOICESTREAM WIRELESS). Commissioner Gilliland informed the Council of two overriding points of emphasis — low profile stealth appearance and screening of ground mounting equipment. The specific site plan, with specific ground equipment and plant schedule information was not provided. The Planning and Zoning Commission was in support of this permit but there were some concerns. Mr. Kevin Mize, Engineering Manager for VoiceStream added that antennas that mount flush with the pole allows the capacity VoiceStream needs, in agreement with landscaping the area. The question is not what the city requires; it is what TXU agrees to. Irrigation would be limited. Council Member Smith requested an exact picture of the unit that is to be installed. Council Member Smith also asked how long would this unit carry VoiceStream before VoiceStream would have to come back for another antenna. Mr. Mize answered 18 months to 2 years. B. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REPLAT (APPLICANT: DANA GILLOCK, BECK PROPERTIES). Commissioner Gilliland informed the Town that one of the owners wanted a larger lot. Beck Properties wants to subdivide to adjust property lines to enlarge one of the lots. TOWN COUNCIL TO CLOSE PUBLIC HEARING. Mayor Pro Tem Edstrom made a motion to close the Public Hearing at 8:25 p.m. Council Member Matthai seconded, motion carried unanimously. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Council Member Twcedie made a motion to reconvene into Regular Session at 8:25 p.m. Council Member Matthai seconded; motion carried unanimously. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REQUEST FOR THE CONSIDERATION OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A NON-GOVERNMENTAL INDEPENDENTLY SUPPORTED COMMERCIAL ANTENNA FACILITY, LOCATED TO THE NORTH OF STATE HIGHWAY 114, AND SOUTH OF GLEN EAGLES COURT (APPLICANT: JOHN HUBBARD, VOICESTREAM WIRELESS). Mayor Pro Tem Edstrom made a motion to approve the application for a conditional use permit pending receipt of site-specific plan for screening, contingent on Council approval. Council Member Smith seconded; motion carried unanimously. This agenda item will be continued to the March W Council Meeting Page 4 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A REPLAT FOR THE FOLLOWING: LOT 10R BLOCK 1 THE ESTATES OF HOGAN'S GLEN PHASE II AND LOTS 11R AND 5R, BLOCK 1, WATERS EDGE AT HOGAN'S GLEN (APPLICANT: DANA GILLOCK, BECK PROPERTIES). Council Member Huizenga made a motion to approve the replatting of Hogan's Glen. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. ECONOMIC DEVELOPMENT CORPORATION —JAMES HICKS B. PUBLIC RELATIONS COMMITTEE — JODI ASHEY, CHAIRMAN C PUBLIC WORKS COMMITTEE— NESTOR KARLIS, CHAIRMAN D. PARKS & RECREATION COMMITTEE —BILLY HUGHES, CHAIRMAN E. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN ECONOMIC DEVELOPMENT CORPORATION — JAMES HICKS Council Member Smith stated that they meet next week. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN The Public Relations Committee is working on the Tree City USA Ordinance, Volunteer Appreciation Dinner and Vision 2010. The Committee is also working with the Roanoke - Trophy Club - Westlake Chamber for the Fidelity Job Fair April 28". PUBLIC WORKS COMMITTEE— NESTOR KARLIS, CHAIRMAN Mr. Karlis thanked the Council for approval of the $3 million for street repairs. He and Bill LeGrand visited a recycling facility. Green recycling bags are used in Dallas and Euless for curbside pick-up. PARKS & RECREATION COMMITTEE — BILLY HUGHES, CHAIRMAN Billy Hughes reported that Harmony Park upgrades are coming along. The Committee is working on updating the 1990 Ordinance and will be coming to the Council within a month. Mr. Hughes also reported that lie supports the CIA transition team, McCombs Park has never looked so good and that he appreciates Mayor Engelbeck's leadership. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Council Member Matthai reported that they met with Mr. Kennedy, an executive from Charter, after Charter reviewed the resident survey. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2000-22 PROHIBITING PARKING ON THE SOUTHSIDE OF VILLAGE TRAIL DRIVE; ADOPTING NEW PROVISIONS FOR THE PROHIBITION OF PARKING ON VILLAGE TRAIL DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS (5500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A PUBLICATION CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Edstrom explained that this item was an effort to make coining out of Lakeview safer. Mayor Pro Tem Edstrom made a motion to adopt the Ordinance as written. Council Member Huizenga seconded; motion carried unanimously. Page 5 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ORDINANCE NO. 99-31 RELATING TO TRAFFIC AND STREET CONTROL REGULATIONS AND ADOPTING PROVISIONS AS FOLLOWS: PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY (20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS AND DURING SPECIFIC HOURS; PROVIDING FOR THE DESIGNATION OF SCHOOL ZONES; PROVIDING FOR THE POSTING OF SPEED LIMIT AND SCHOOL ZONE SIGNS; PROVIDING FOR THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS; REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS; PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS, STREETS AND OTHER RIGHTS-OF-WAY BETWEEN THE HOURS OF 3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES; PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS (52,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Pearl Ford of 2 Spring Creek Court addressed the Council. Mayor Pro Tem Edstrom explained that parents with children walking to Lakeview want to extend the school zone down Durango and add a flashing light down Lakeview toward Durango. Mayor Pro Tem Edstrom made a motion to adopt the Ordinance as written. Council Member Huizenga seconded, motion carried unanimously. TOWN COUNCIL TO DISCUSS AND CONSIDER THE STATEMENT OF INTENT FILED BY TXU GAS DISTRIBUTION PROPOSING A 3.21% RESIDENTIAL RATE INCREASE FOR NATURAL GAS DISTRIBUTION. Council Member Huizenga made a motion to open this agenda item for discussion. Mayor Pro Tem Edstrom seconded. Harriet Gibbon addressed the Council. TXU filed a gas case with The Town of Trophy Club on February 16, 2001, which is included in the Council's packets. TXU Gas has invested 65.7 million increase in investments. Ms. Gibbon also stated that the Town has 35 days to accept, deny or suspend. Suspending adds a Steering Committee to evaluate and negotiate. The increase for Trophy Club is 3.21 %. Commercial rates are up; TXU has 788 gas customers and 6 commercial customers. If favor nations letter, the Town gets the same rate without costs of appeal and you get the same benefit as if we have a Steering Committee. Paul Rosenberger summarized by stating that the Town has four options; 1.) Suspend allows 90 days to research, 2.) Accept ordinance, 3.) Do nothing, will go into effect on March 23, 2001 or 4.) Deny, would be appealed to the Rail Road Commission. No action was taken. This item will be on the March 19`s Agenda Page 6 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 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 UTILITY FRANCHISE COMMITTEE FOR A TWO-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. A. JIM MOSS Council Member Matthai made a motion to adopt the Resolution as written. Council Member Tweedie seconded; motion carried unanimously. TOWN COUNCIL TO HEAR AN UPDATE PRESENTATION AND TAKE APPROPRIATE ACTION IN REGARD TO SECURING A LEASE WITH THE U.S. ARMY CORPS OF ENGINEERS FOR 363 ACRES. Paul Rosenberger and Gene Hill met with Corps of Engineers three weeks ago. The Corps property has reevaluated their plan. They do not feel that an environmental assessment is necessary. Paul Rosenberger proposed the funds be used for leasing the property. Allow for redistribution of $40,000 funding from Environmental Assessment fund to provide funding for steps for negotiating contract and redraw concept plan. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE APPROVAL OF A PROPOSAL FOR PROFESSIONAL CONSULTING SERVICES BY THE HOOVERIKLEIN GROUP INC. FOR UPCOMING PARK AND RECREATION RELATED PROJECTS. Paul Rosenberger applauded Hoover & Klein for the successful awarding of the Grant. Mayor Pro Tem Edstrom made a motion to give permission to move forward with work assignments for Hoover/Klein and approve with a Resolution subject to review of insurance agreement and limitation of liability. Council Member Matthai seconded; motion carried unanimously. Louis J. Prebevsek of 31 West Hillside Place and Mark Shegon of 201 Lakeshore Drive addressed the Council. Council Member Smith made a motion to approve the services contract exhibits A-1, A-2, A-3 and A-5. Mayor Pro Tem Edstrom seconded; motion carried unanimously. TOWN COUNCIL TO HEAR A PRESENTATION AND TAKE APPROPRIATE ACTION IN REGARD TO INCREASING THE PARKS AND RECREATION BUDGET LINE ITEM #103-61850-42 PROPERTY MAINTENANCE. Paul Rosenberger reminded the Council that he had requested approx $30,000 of Skyline Pocket Park line items be reallocated to general parks items. The Council had authorized this transfer. Paul then issued Purchase orders for the items prior to September 30, 2000. When the auditors performed their audit, they noted that the items were expensed in the 1999 — 2000 budget year. Since some of the items were not received and "in use" at September 30, the auditors removed them from the 1999 — 2000 budget. Paul then requested that the Council amend the current budget by adding the $30,500 to a parks line. The funds would be taken out of prior year fund balance. Mayor Pro Tem Edstrom approved this budget amendment. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION Town Council convened into Executive Session at 10:43 p.m. Page 7 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 EXECUTIVE SESSION PURSUANT TO THE TEXAS GOVERNMENT CODE, SECTIONS 551.071-551.075, THE COUNCIL WILL ENTER INTO EXECUTIVE SESSION TO DISCUSS THE FOLLOWING: A. CONSULTATIONS WITH ATTORNEY. TEX.GOV'T.CODE 551.071 1. PENDING LITIGATION - JANICE LOWRY-BROWN V. JEFFREY ANDREW DICKSON, ET.AL. CIVIL ACTION NO. 4:99CV267 TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. Town Council reconvened into Regular Session at 11:01 p.m. Mayor Pro Tem Edstrom made a motion to continue the Council meeting after 11:00 p.m. Council Member Huizenga seconded; motion carried unanimously. REGULAR SESSION TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE REGARDING PENDING LITIGATION - JANICE LOWRY-BROWN V. JEFFREY ANDREW DICKSON, ET.AL. CIVIL ACTION NO. 4:99CV267 Mayor Pro Tem Edstrom made the following motion: Based on the fact that the federal magistrate ruled that the Town of Trophy Club was severed from the lawsuit as we had not violated any policies and based on the recommendations from the insurance company the Council moves to approve a settlement offer of $45,000 for personal liability insurance on behalf of Officer Jeffrey Dickson. Council Member Huizenga 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. MINUTES DATED FEBRUARY 19, 2001 B. FINANCIALS DATED JANUARY 31, 2001 Council Member Huizenga made a motion to remove both items from the Consent Agenda. Council Member Huizenga made a motion to approve February 19, 2001 minutes with the following changes to Page 3, Commissioner's Court Report: Mr. Bill Lewis reported that Roanoke received $750,000 for Marshall Creek Road and it would be $750,000 less $40,000 for engineering costs for a total of $710,000. Trophy Club was awarded $750,000 with no engineering deductions. Mr. Lewis also summarized a Perot Group presentation stating that over 20,000 jobs have been created in Tarrant/Denton Counties. Mayor Pro Tem Edstrom seconded, motion carried unanimously. After discussion, Council Member Huizenga made a motion to approve the financials dated January 31, 2001 as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REPORTS AND COMMENTS: A. STAFF Jim Buxton reported that he would be attending an EDC luncheon tomorrow Page 8 PUBLIC HEARING AND REGULAR SESSION March 5, 2001 Chief Miller reported that Trophy Club Drive Eastbound traffic to close tomorrow afternoon. Bill LeGrand reported that the State Highway 114's construction crew had severed the electric line to the flag. The flag will be back up after the electricity has been repaired. Patricia Adams gave quorum information. A majority number of aldermen must be present for a meeting. 3 of 5 members need to be present for a quorum; AG opinion did not exclude the mayor. For meeting requirements back to not more than 3 total. Donna Welsh reported that the CIA has a very lengthy agenda that has been posted by Dave Robison. The transition team will attend. Diane Cockrell reported on the Council Filings - Marshall Engelbeck and Scott Smith for Mayor and Darin Davis, Scott Spence, Roger Williams for Council. Ms. Cockrell also reminded Council and staff of the Chamber's monthly luncheon on Tuesday. B. COUNCIL MEMBERS Mayor Engelbeck reported, for informational purposes, that Wet/Dry elections are not allowed if a town is in two counties, a change is being introduced and will try to get passed this session. We were included in the bill and she had to kick out three cities previously included. Council Member Matthai asked about the striping of the street in front of Beck Intermediate and when the light shields for Trophy Club Plaza will be installed? ADJOURN. Mayor Pro Tem Edstrom made a motion to adjourn at 11:32 p.m. Council Member Huizenga seconded; motion carried unanimously. 1, 1 ATTEST: .l�iYl-G Town Secretary, T Tvn of Trophy Club, Texas Mayor, Town of Trophy Club, Texas